위약금 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 person who manufactures and sells glutinous rice rice with the trade name of “C”, and the Defendant, a Japanese national, is a mother of D and a person who manufactured and sells rice with glutinous rice with fruits in China.
B. The Plaintiff, Defendant, and D decided to carry out the business of manufacturing and selling glutinous rice rice, rice, and rice in Chinese injury.
Accordingly, on March 29, 2016, the Plaintiff and the Defendant concluded a contract on business cooperation and trade secret protection (hereinafter “instant contract”).
The main contents of the instant contract are as follows.
(‘A’ and “B” refer to the Plaintiff, and “A” refer to the Defendant. This Agreement aims to effectively establish a direct store and implement the distribution and sales business of products using the trade name and products of Party A, machinery equipment, manufacturing technology, sales method, design, fashion, advertising materials, etc. in order to ensure the successful implementation of the business of selling overglutinous rice rice products based on the Chinese injury between Party A and Party B (B).
2. 1) B Trade secret protection 1) All the above information (such as trade name, manufacturing technology, machinery equipment, sales method, design, straws, advertisements, etc.) known from A through this contract falls under trade secret, and it must not be arbitrarily used or disclosed to others, and must be kept confidential. 2) B shall not manufacture or sell for three years the products of over-glutinous rice rice, rice and rice, glutinous through the principal and third parties, even after the conclusion of this contract, or even after the termination of the contract.
3) B shall be liable for the protection of trade secrets to A, including a truster company for manufacturing products. 4) If B fails to comply with the above trade secrets protection provisions, B shall be liable for damages not exceeding one billion won, regardless of its reasons.
3.A technology transfer and profit distribution 1) A shall transfer to B products and manufacturing technology and allow B to use the trade name, design, etc. (in case of patent registration, such as a trademark, etc. in China, between A and B.