손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On February 24, 201, the Plaintiff, a company aimed at managing and producing laundry member shops, entered into a contract with the Defendant for the following “C branch offices in Danin B” (hereinafter “instant branch offices contract”), such as providing the Plaintiff’s trademark, business management system, franchise store management system, computer management system, etc. Around that time, the Defendant had operated laundry business by opening a place of business of Danin B branch offices in Seoul Jung-gu, Seoul.
[This case's branch contract] Article 5 (Restriction on Trade Name and Use of Trademark) (1) B (B branch office A; hereinafter the same shall apply) can only use trade name, trademark, and trademark design determined by Gap (CB branch office A; hereinafter the same shall apply).
Article 29 (Business Standardization Work and Quality Management Expenses) A shall not proceed with the test work at the place of business of B and the affiliated member store without the approval of A.
In addition, it is limited to those approved by A for the equipment used by the business establishments of B and the affiliated franchise store (paundry paper, laundry paper, leaflet, banner, etc.).
Article 31 (Restriction, etc. on Use of Programs Related to Laundry and Repair) (2) A may only use a computer program necessary for laundry, repair business (such as receipt, delivery, inquiry, management of a place of business, computer program for the management of a store under its jurisdiction, computer program for the management of a store, management of a place of business, etc.
In addition, Eul may not modify, delete, add, reproduce, lend, sell, or disclose the relevant computer program without Gap's written approval.
In this context, the term "disclosure" means the disclosure to a third party, other than a competitor, a general laundry, or a customer who receives and uses laundry, rather than a simple customer.
Article 37 (Reasons for Termination of Contract) ① In the event of failure to comply with the contract clause entered into with A, B has run illegal business.