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(영문) 서울동부지방법원 2016.06.22 2015가합104204
영업금지 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic Facts

On May 8, 2013, the Plaintiff completed the registration of incorporation on May 8, 2013.

On January 19, 2013, the Plaintiff and the Defendants had the Defendants, a franchisee, sell goods and services in accordance with certain quality standards or business methods using the Plaintiff’s trademark, service mark, trade name, signboards, and other business marks, and provide management support and education. The Defendants entered into a “G franchise agreement” (hereinafter “instant franchise agreement”) with the following content for the purpose of paying franchise fees in return:

Article 2 (Matters concerning the Payment of Franchise Expenses and Educational Expenses) ① (1) (the defendants shall deposit full amount of KRW 5.5 million (including KRW 5.5 million and value-added tax; Provided, That the franchise shall be exempted pursuant to Article 19), educational expenses (including KRW 3.3 million and value-added tax), and deposit amount of KRW 10.8 million in total at the financial institution designated by Gap (Plaintiff).

(2) Educational expenses shall be the remuneration for cooking/service education at the head of the district office of education designated by Gap before the opening point.

Article 6 (Matters concerning Terms and Conditions of Business Activities of Franchisees) (9) No trade secrets or franchise business shall operate the same type of business as B/L supporting business during the existence of a contract due to considerable time and expenses, research and development efforts, design, etc., developed by A through a large number of mistakes of implementation, and any trade secrets or trade secrets developed by B/L supporting businesses, and any third party shall not be allowed to operate the said business.

In addition, in violation of the Unfair Competition Prevention and Trade Secret Protection Act and the Unfair Competition Prevention and Trade Secret Protection Act after termination and termination of the contract, it shall not infringe or be likely to infringe on the business interests of us.

Article 9 (Matters concerning Trade Secret of Franchisers) (1) B shall be included in the manuals and documents provided by A.

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