beta
(영문) 광주고등법원(제주) 2015.11.04 2015나207

손해배상(기)

Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. In order to prevent the deterioration, corruption, and invasion of pests caused by habitation of human beings or companion animals, the Defendant has studied the method of melting them at low temperature to make the decision body from being damaged due to habitation, germs, etc., and has implemented the plastic project upon the registration of patent rights with regard to the plastic punishment.

Article 1 (Grant of Rights) ① The defendant shall grant the plaintiff all business rights, such as recruitment of branch offices, establishment of direct stores, and invitation of members, using all intellectual property concerning the "Bule Pule Pule Pule Pule Pule Pule" owned by the defendant.

2. The defendant shall not grant the business rights under the above paragraph (1) to any third party other than the plaintiff, nor shall the plaintiff utilize the same type of technology.

Article 14 (Termination of Contract and Compensation for Damages) (3) Where damage has occurred due to reasons for termination at the time of termination of contract, one party who has provided the cause shall compensate the other party for the damage, and the minimum amount of calculation of the damage shall be KRW

Provided, That where any cause not attributable to the natural disaster, etc. exists, it shall be exempted.

Additional Agreements

1. The Plaintiff shall pay to the Defendant an amount equivalent to 60% of the total contract amount less the amount of mechanical production at the time of a regional business shop contract, such as a branch, within three business days from the date of receipt of the loan, out of the funds required for technical research and development

If the aggregate amount exceeds KRW 1.6 billion, it shall be agreed to pay 50% thereafter to the defendant in the manner mentioned above.

2. When the Plaintiff initiates a membership marketing, the Plaintiff’s membership fees for the Plaintiff’s members of the existing business establishment (including the establishment of a new establishment under the Jeju, Kimhae, Busan, and Gyeongnam General) shall be set at KRW 550,000 per case (including the value added tax), and 44,000 won per case shall be paid to the Defendant in a royalty market.

The timing of payment shall be calculated and paid each month at the time of gender punishment.

3. The Plaintiff’s projects for a long period.