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(영문) 대구지방법원 김천지원 2018.08.30 2017가단34000

손해배상(기)

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 May 13, 2017, the Plaintiff is a business operator engaged in restaurant business in the name of “D” in the old and American City C and the first floor, and entered into a franchise agreement with the Defendant with the following content:

(hereinafter referred to as the “instant franchise agreement”). A franchisor D (hereinafter referred to as the “A”) and a franchisee’s calendar (hereinafter referred to as the “B”) shall closely examine each of the provisions listed in the instant franchise agreement and enter into a DNA franchise agreement as follows:

(hereinafter referred to as only relevant parts is extracted and written)

2. The trade name, trademark, supply goods, and the chain store organization of A shall be the input and development of A's considerable time and expenses, technology, and services.

The characteristics of the objection are unique decorations, colors, fixtures, uniforms, etc. within the store, and the indication for Gap shall be indicated by trade marks, etc.

3. A established a standard, unique and uniform system on methods, education, support, etc. of management, business activities, etc. for the sale of goods and services indicated in D’s trade name, etc.

9. Eul shall pay franchise expenses to Gap at the time of the first franchise agreement, and the details thereof shall be as follows:

1) 2) The cost of the first franchise store inspection; 3) the cost of technical transfer and the transfer of technical data for the opening of franchise stores; 10. The cost of the transfer of technical data 4) the cost of the transfer of franchise stores and the transfer of technical data 10. The Party A may provide the Party B with production methods, sales methods, and other technical or managerial information and data useful for business activities, which are kept confidential by Party A’s considerable effort, to Party B, and the Party B may be punished by the Unfair Competition Prevention and Trade Secret Protection Act if the trade information it provided is disclosed without permission.

11.B shall be in the same type of trade secret in its own or a third party’s name during the duration of this Agreement without A’s permission during the duration of this Agreement.