손해배상(기)
The plaintiff's appeal and the defendant's incidental appeal are all dismissed.
Expenses for an appeal and an incidental appeal shall be individually costs.
1. Facts of recognition;
A. On May 1, 2018, the Plaintiff and the Defendant concluded a C franchise agreement (hereinafter “instant agreement”) with the following content:
(A) Article 4 (Business Marks) (2) A permits B to use the following business marks, and B to use them:
C) A shall not damage or alter any business mark with property value attached to the supplied supplies and other franchise store facilities, etc. supplied by A, and shall not use it other than the scope referred to in subparagraphs 1 through 2 of the preceding paragraph, nor transfer it to a third party without the consent of A, and shall be under the duty to manage it in the best condition.
Article 6 (Term of Contract and Renewal) (1) This contract shall take effect from the date of conclusion of the contract and shall take effect for two years.
The contract shall be extended to one year upon renewal.
Article 18 (Duty to Maintain Confidentiality) (1) A may provide B with various information and data necessary for his/her business, and B shall not divulge trade secrets provided by B for any purpose to a third party even after the contract period or termination of the contract.
(2) B shall bear the joint responsibility with the relevant actor in respect of the breach of duty under the preceding paragraph by his employees, family members, other related persons, etc., and the duty of supervision and supervision of B shall continue from the time of the formation of this contract to the date after three years have elapsed from the time of termination thereof.
Article 19 (Duty to Prohibit Competitive Business) (1) No Eul shall operate the same business (including other member stores, independent stores, and franchise headquarters businesses) on the information disclosure statement in which trade secrets of Gap are infringed upon in its own or any third party's name during the term of this contract without permission of Gap.
Article 33 (Termination of Contract) (2) In any of the following cases, Eul shall notify Gap of a document demanding correction, specifying an offense, and if it is not corrected even one month after such notification: