(영문) 부산지방법원 2016.12.21 2016가합40869

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2016.12.21 2016가합40869

부정경쟁행위금지 등

Text

1. The Defendant’s KRW 1,736,104 as well as 5% per annum from June 26, 2016 to December 21, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On June 18, 2008, the Plaintiff, a company established on June 18, 2008 for the purpose of franchise-related business, is running a c’c’s franchise business using the Plaintiff’s business mark (hereinafter collectively referred to as “Plaintiff’s business mark”).

B. Article 4 (Business Marks and Other Intellectual Property Rights) (2) of the franchise agreement entered into with the Plaintiff and the Defendant, all other business marks and intellectual property rights provided by the Plaintiff to the Defendant are exclusive rights of the Plaintiff, and the Defendant may use them only within the following limits:

1. The right to run the business by installing and using signboards and interior facilities using the business marks in the location of the store under Article 3 (1) 1;

2. A right to use intellectual property rights, such as patents, utility models, know-how, etc., with written consent of the plaintiff at the location of the store under Article 3 (1) 1;

3. The defendant shall deposit all of the franchise fees of five million won (excluding value-added tax) with the financial institution designated by the plaintiff, simultaneously with the conclusion of this contract, of the right to use the business mark with the written consent of the plaintiff.

The deadline for the payment of down payment shall be within three days after the conclusion of the contract, and shall be replaced with the franchise expenses after the commencement of the business.

Before termination of the contract before commencement of the business on the date of concluding the contract for non-high franchise 5,000 for reasons for which the time limit for installment payments can not be refunded: The organization of non-return franchises

1. 20% of the down payment;

2. Fees for business indication during the first contract period: 40%;

3. Subsidies for the opening of chain stores 20%;

4. Provision of manuals necessary for the operation of the store (unit: KRW 20,000 and value-added tax separate) (2) The defendant shall pay to the plaintiff the amount of KRW 2 million for re-franchises upon renewal or re-contract renewal (excluding value-added tax).

Article 16. Franchise Fees

유사 판례

-대전지방법원 2020.08.13 2017가단29047 (1)

-인천지방법원 2017.09.20 2017나54299

-광주지방법원 2016.02.03 2015가단5779

-광주지방법원 2016.10.28 2016나51411

-서울동부지방법원 2020.03.19 2019가단119092