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(영문) 대전고등법원 2020.07.09 2019나13542
로열티 등 청구의 소
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

Facts of recognition

A. The relationship 1) Plaintiff (the Plaintiff changed its trade name on January 28, 2018 from the existing “Stock Company D” to “Stock Company A”

Around 1987, around 1987, was established for the purpose of guiding the establishment of classrooms, managing classrooms, producing teaching materials, and selling other compilation products related to child and child education. The Plaintiff is only a Japanese corporation C (hereinafter “C”) from October 28, 1987.

(2) From March 23, 1993, the Plaintiff entered into an “contract for the establishment and operation of D class” with the content of granting E education in Korea and receiving royalties for the purpose of establishing and operating D class, mainly by means of early childhood education created by the education and study of Japan, and mainly by using image or e-mail card bargaining for the development of friendly brain functions (see, e.g., the Director 4 pages).

F on May 26, 1994, the F established B Co., Ltd. (registration number G; hereinafter “Gu B”) and provided E education.

From around 1998 to 2004, the former B used the trademark containing the “L”, “M”, and “Y” as shown in the attached Table 2 and registered the trademark for “L”, “M”, and “V”, “V”, “W”, and “Y” as indicated in the attached Table 2.

3) The Defendant (registration number H, the Defendant, on September 10, 204, established the trade name “I”, and changed the trade name into J Co., Ltd. and B on January 27, 2010.

A) On September 7, 2004, the Defendant entered into a partnership business agreement with the former B, and the former B decided to sell E-related products through the Defendant and to divide the profits therefrom into half. 4) The Defendant purchased the trademark rights and copyrights of the attached Table 2 registered by the former B on the basis of the claim for the settlement of accounts under the above partnership business agreement, from the auction procedure around 2009.

B. The instant contract between the Plaintiff and the Defendant.

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