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(영문) 부산지방법원 2017.05.11 2016노4408

부정경쟁방지및영업비밀보호에관한법률위반등

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal found the Defendants guilty of all the charges of this case against the Defendants. However, even though Defendant A, as the representative director of Defendant B Co., Ltd. (hereinafter “Defendant B”), agreed that the contract should be renewed upon the expiration of the contract term at the time of concluding the instant contract for vicarious execution of business, the Plaintiff refused the renewal of the contract without any reason, and thus, the Defendants still have the right to use the trademark of the limited liability company and the crime of violating this case cannot be deemed to have been established.

Therefore, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.

2. We examine the following facts and circumstances found by the evidence duly adopted and examined by the court below. In other words, according to the instant business agency contract between Defendant B and D, the expiry date of the contract is " October 31, 2014" and the present contract is stated that the contract is maintained only by the date of the present contract when the contract is not concluded three months prior to the termination of the contract. ② There was no consultation on the renewal of the contract between Defendant B and D limited company at least three months prior to the termination of the contract, and as at the time of the instant agency contract, D limited company made an oral payment to Defendant B of the right to renew the contract, contrary to the contents stated in the instant contract concerning the renewal of the next contract.

(3) Around October 2014, Defendant A knew of the fact that the instant sales contract was terminated as of December 31, 2014, and Defendant A knew of the fact that the instant sales contract was terminated as of December 31, 2014, and Defendant A knew of the fact that Defendant A knew of the fact that the instant sales contract was terminated as of December 31, 2014.