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(영문) 서울동부지방법원 2015.12.17 2014가단126033
위약금 등 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. D filed an application for registration of the service mark listed in the “Attachment E” (hereinafter “instant service mark”), and on November 25, 2013, upon receipt of a decision to register the said service mark, registered the F service mark.

B. On November 29, 2013, Plaintiff A registered his/her business with the trade name “G” and operated “H” franchise business. On January 24, 2014, Plaintiff A entered into an I franchise agreement with the Defendant (hereinafter “instant franchise store”) with the Defendant, and the relevant details among them are as follows.

Article 4 (Business Marks and Intellectual Property Rights) (1) The plaintiff A permits the defendant to conduct business activities using the following business marks:

H I Article 6 (Contract Period and Renewal) ① This Agreement takes effect from the time the Parties sign and seal their names and seals, which is, for two years from the date of the conclusion, from February 13, 2014 to February 12, 2016.

Article 20 (Obligation to Prohibit Competitive Business) The defendant shall not operate the same kind of business as that of the above plaintiff's business in his or her own name without permission of the plaintiff A during the duration of this Agreement.

Article 37 (Compensation for Damages and Presumption of Compensation for Damages) (4) In cases of violation of Article 20, the defendant shall pay 20,000,000 won to the plaintiff A as penalty.

Article 49 (Penalty, etc. for Termination of Franchise Agreement) (1) In the event that the term of the contract is terminated due to the defendant's fault or the defendant's unilateral termination of the contract, the following penalty shall be paid to the plaintiff A:

Article 51 (Expiration of Term of Validity of Intellectual Property Right Permitted to Use by Franchisers) (1) The Plaintiff becomes unable to exclusively use the intellectual property rights any longer due to the expiration of the term of validity, change of ownership (right to use), loss of validity, etc. of trademark rights, patent rights, etc. which the Plaintiff permitted to use to the Defendant for the operation of a franchise store

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