(영문) 서울중앙지방법원 2019.11.27 2018가합587128

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) 서울중앙지방법원 2019.11.27 2018가합587128

경업금지 등 청구의 소

Text

1. The Defendant’s KRW 14,00,000 for the Plaintiff and the following: 15% per annum from December 18, 2018 to May 31, 2019;

Reasons

1. Basic facts

A. The Plaintiff is a franchiser that runs a franchise business related to skins using the business mark called “C”, and the Defendant is a person who operated the “C Gwangju completed shop.”

B. On April 11, 2018, the Plaintiff and the Defendant: (a) around April 1, 2018, the franchise agreement entered into with the Defendant to operate the instant franchise store in Gwangju Mine District D, and (b) the Plaintiff entered into a franchise agreement with the terms of allowing the use of a trade name and providing support for the Defendant’s management (hereinafter referred to as “instant franchise agreement”). Of the terms of the instant franchise agreement, the parts related to the instant case are as follows. Article 7 (Period and Renewal) (1) The term of this agreement enters into force from the date of conclusion of the contract and its validity for two years. However, upon renewal, the one-year contract is extended (the term of the contract: from April 11, 2018 to April 10, 2020). Article 9-3 (Regular Payment Expenses ① The Defendant each month to the Plaintiff.

5. or 25. A 200,000 won (excluding surtax) shall be automatically transferred to the account designated by the Plaintiff under the pretext of royalties.

(2) The royalties under the provisions of the preceding paragraph shall be the fees for the trade name and trademark use and management of the trademark from the first day of the delivery of the date on which the money is paid to the last day.

Article 19 [Prohibition of Competitive Business] The defendant shall not run the same type of business (including management of other member stores and independent stores) in which the plaintiff's trade secrets are infringed upon in his or her own name or any third party's name during the duration of this contract without permission of the plaintiff

Article 28 [Suspension of Supply of Goods] (1) The plaintiff may suspend the supply of goods to the defendant after giving written notice to the defendant in writing before a week after oral warning is given, if any of the following events occurs to the defendant:

In such cases, the plaintiff shall immediately notify the defendant of the conditions for restricting and cancelling re-supply, etc.

7. The plaintiff is engaged in competitive business in violation of Article 19.

유사 판례

-서울중앙지방법원 2019.11.08 2018가합582727

-서울남부지방법원 2019.02.19 2018가단5687

-서울서부지방법원 2019.10.31 2018가합40174

-춘천지방법원강릉지원 2020.08.25 2019나31914

-수원지방법원 2018.01.10 2017가단5187