위약벌 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is a company engaged in the construction, operation, and management of a domestic composite film museum, the export and import of domestic and foreign motion pictures and other video works, and the Defendant is a company engaged in the operation of the film museum and the film business and the art-related service business.
B. On August 22, 2013, the Plaintiff entered into a business partnership agreement with the Defendant to provide the Defendant with necessary services to operate a film theater using the Plaintiff’s E (F) brand, and to receive business partnership fees, etc. from the Defendant (hereinafter “instant business partnership agreement”). Of the content, the pertinent parts of the instant case are as follows; “A” and “B,” respectively, concluded a contract with the Defendant and “B,” respectively.
Article 2 [Name A] of the Business Partnership Agreement (Evidence 2) / [Name A] The name of "subject matter" is "E" or "F" using "E" or "E" as a joint brand of the film museum of "B".
(A) Article 3 [The date of commencement of business and the period of business partnership] (1) The period of business partnership (the period of contract) shall be calculated from the date of conclusion of this contract, and shall terminate at the expiration of five years from the date of commencement of business of the film theater (the scheduled date of December 2013).
Article 4 [Scope of Work Suspension] (1) The scope of duties and responsibilities of “A” shall be as follows:
4.‘A’ must comply with the regulations for the benefit and brand unification of the members of the association of “B” (e.g. computer systems, private objects, uniforms, movie theaters, film theaterss, admission tickets, and various containers) and should make every effort to ensure the smooth implementation of the guidelines for the operation of “B”.
6. “A” shall enter into a contract that is identical or similar to this contract (including sale and lease forms) between other film-based brand firms unless the contract is terminated by the cause or agreement of “B”.