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(영문) 서울서부지방법원 2015.08.13 2014가합34553

상호사용금지 등 청구의 소

Text

1. The defendant shall not use the trademark or trade name stated in the separate sheet.

2. The defendant shall make the plaintiff 62,000.

Reasons

1. Facts of recognition;

A. The Plaintiff is a franchise business operator who engages in franchise business with the trade name of “B” in relation to the shower sub-sabababababs (hereinafter “C”) using the business marks such as the trademark and trade name listed in the attached list.

B. On January 10, 201, Nonparty D entered into the instant franchise agreement with the Plaintiff on the following terms (hereinafter “instant franchise agreement”) with the Plaintiff: (a) around February 4, 2012, the Defendant acquired the instant franchise agreement as it is and operated the instant store thereafter.

o Contract Period: From January 10, 201 to January 9, 2014, the renewed contract period of one year (Article 6): 30,000 won per month (including value-added tax, Article 17), Articles 23 (Standardization and Handling Items, and Sales Price) (1) “B” (hereinafter the same shall apply) of the relevant contract of this case must comply with the appropriate quality standards and business management standards of the goods or services presented by “A (the plaintiff; hereinafter the same shall apply) and only those products which do not impair the identity of the franchise business are sold and provided to customers.

(3) The term "B" shall not arbitrarily change the main line designated by "A" to provide customers within his/her chain store, and where "A" changes the main line, he/she shall comply with such changed main line.

In addition, where "B" intends to change a domain new, the approval of "A" should be obtained.

Article 24 (Raising, Management, and Settlement of Goods, etc.) (1) In order to maintain the unity of brand, “A” shall supply the following goods (hereinafter referred to as “essential goods”) to “B”:

(Sicker omitted)

1. “A” or “A” is the unity of a brand with respect to an essential product under article 25(i) “B” (the instant contract; hereinafter the same shall apply) manufactured or purchased by the designated enterprise and supplied by the designated enterprise.