……. TO THE HONOURABLE JUDGE
THE PLAINTIFF :…….
ATTORNEY :…….
DEFENDANT :…….
CASE :…….
CASE VALUE :…….
SUBJECT : Due to the Unfair Injunction Decision …….. -TL Compensation Request.
EXPLANATIONS : 1- Defendant, ……. in ……. In the compensation lawsuit he filed on ……. with the number of Esas, he demanded compensation on the grounds that our client had unauthorisedly kept VCDs and Video Cassettes in his shop, which are claimed to belong to the defendant, and in the meantime, many VCDs, blank CDs, Video cassettes and video and CD recorder tools belonging to our client were put under injunction. The defendant has even had some of the VCDs and video cassettes that our client claimed to have rented unauthorisedly before, collected from the market.
2-The defendant is wrong and our client did not use the products in question without authorisation ……. ……. Date and ……. It is understood with the judgement numbered decision. The decision was upheld on appeal.
3-My client’s VCDs and Video Cassettes could not be used for the last ………… months during the lawsuit. Moreover, the season of these products, which were under precautionary protection, has also passed and these films were watched by customers by purchasing them from other Video clubs. In addition, some of the products were broken and scratched.
4- Again, our client was using video and CD recorder devices to reproduce wedding and entertainment films, and since these remained in the court warehouse during the summer, our client could not benefit from these facilities either.
5-Many of our client’s customers have also stopped buying from our client, as they thought that our client was doing something illegal when they heard about the transactions in our client’s shop and the cases in the courts of ………., which is a small place. Our client has suffered a lot of material and moral damage.
6-……. Through the Civil Court of First Instance ……. on ……. With the determination we have made with the main number; ……………..TL for VCDs and Cassettes that were not rented during the lawsuit, ……………TL due to the CD and Video Recorder that he could not use during the lawsuit, ……………. due to CDs and Video tapes that he could not sell and make a profit because they were taken from his shop. TL, our client has suffered a total loss of ……………. It has been determined that our client has suffered a loss of TL. We request that this amount be taken from the defendant and given to us.
7-We also reserve the right to file a lawsuit for moral damages for our client.
LEGAL GROUNDS : Article 101 et seq. of the Code of Civil Procedure, Article 41 et seq. of the Code of Obligations.
EVIDENCE :…….’s ……. E. numbered lawsuit file of ……., …….Civil Court of First Instance’s determination file numbered …….E. expert, witness, all kinds of evidence.
RESPONSE TIME : 10 days.
REQUEST PRESENTER : For the reasons explained, without prejudice to our right to claim and sue for more, we request that our total ……. financial damages be collected from the defendant together with legal interest, that the defendant be charged with the costs of the proceedings, and that the counterparty attorney fee be awarded on our behalf as a lawyer in accordance with the 164/last paragraph of the Law No. 1136 on Attorneyship Law amended by Law No. 4667.
ATTORNEY FOR THE PLAINTIFF
…….
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