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(영문) 대구지방법원상주지원 2015.01.28 2014가단3640

위약금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 14, 2013, the Plaintiff entered into a contract on the transfer and acquisition of the said restaurant between the Defendant and the Plaintiff on February 10, 2014, with the trade name “C” in the name of “C”, and entered into a contract on the use and supply of faith on February 10, 2014.

B. On the grounds that the Defendant breached the contract, the Plaintiff filed a lawsuit for the prohibition of mutual use, etc. with the Daegu District Court resident support 2014Gahap310, and the conciliation was concluded on July 21, 2014 in the foregoing case.

The provisions pertaining to this case in the conciliation provisions are as follows:

Conciliation Clause 2:

A. From August 18, 2014, the Defendant shall not use the trade name “C” and similar trade name, and shall not remove and discard the signboards using the said trademark until August 17, 2014.

B. The defendant's above A.

If the agreement is not fulfilled, the penalty shall be paid to the Plaintiff at the rate of KRW 500,000 per day.

[Ground of recognition] Unsatisfy, Gap evidence 1

2. The assertion and judgment

A. The defendant's assertion that the plaintiff's assertion is based on the above mediation provision 2-A.

The trade name and telephone number (E) of “Viewing store C” listed in the NAV search hold, in violation of this paragraph, was not deleted until August 24, 2014, and the above telephone number (E) recorded in the 114th information telephone on October 8, 2014 was not deleted.

In addition, the Defendant attached the notice “C from August 17, 2014 to F. The main and main offices are as it is, and during that period, would be seen as a better raw material and price reduction with C trade name usage fees,” and caused damage to the Plaintiff’s customer who is in operation by installing the banner at a place in the city of a door-to-door and causing the misunderstanding that the trade name of “C” is changed to “F”, thereby causing the misunderstanding that the business name of “C” is changed to “F.”

Therefore, the defendant is therefore entitled to the above mediation provision 2-B to the plaintiff.

Pursuant to paragraph, 22. Penalty for 44 days from August 18, 2014 to September 30, 2014.