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(영문) 서울고등법원 2017.04.06 2016나2039888
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

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

Reasons

1. Basic facts

A. 1) The Plaintiff is a corporation engaged in English specialized education business and educational service business, private private teaching institutes operation business, book publishing, printing, wholesale and retail business, etc., and the primary business is to recruit shop operators specializing in English specialized education who use the brand of “C” and sell teaching materials for English specialized education to the affiliated private teaching institutes operated by the Plaintiff. 2) The Defendant served as the Plaintiff’s director from around 2004 to 2014.

B. On October 1, 2005, the Plaintiff entered into a franchise agreement between the Plaintiff and the Defendant’s spouse, as follows (hereinafter “instant franchise agreement”) with D around October 1, 2005:

The purpose of Article 1 (Purpose) of the franchise agreement of this case is to provide for the scope of legitimate education support control, rights and obligations performed by the plaintiff and the above headquarters with respect to the plaintiff who develops, produces, guides and supplies their own services and products for English education projects and other places where the plaintiff is entitled to independent and exclusive rights for the transfer, distribution and management of their own services and products and where the plaintiff is entitled to obtain a license for the educational purpose of a private teaching institute project within the business area and where the participants D of the above headquarters are entitled to obtain a license for the educational purpose of a private teaching institute project, and to provide for the scope of legitimate education support control, the rights and obligations performed by the plaintiff and the above headquarters to promote the educational project. Article 3 (Assigning Right, the plaintiff grants D the following rights to promote the educational project:

1. Right to use brands, such as trademark, service mark, emblem, etc. during the contract period;

2.To promote educational projects, the right to be registered in relation to educational projects shall be granted.

3. The right to use in a business area contracted on the provision of services, products, etc. related to the educational project.

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