(영문) 서울중앙지방법원 2019.09.20 2017가합546113

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 2019.09.20 2017가합546113

손해배상(기)

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff’s representative director C is the owner of the design right regarding the design No. 1 or 11 (hereinafter “each of the registered designs of this case”).

The Plaintiff is authorized to execute each of the registered designs, etc. of this case by C, and is running a franchise business with respect to the Japanese main points of "D".

The plaintiff and the franchisor shall closely examine the provisions of each of the provisions listed in this franchise agreement and enter into a franchise agreement as follows:

Article 2 (Definitions of Terms)

7. The term “the interior decoration” means the interior decoration of a franchise store, which shall be based on the interior decoration drawings provided by the Plaintiff;

Article 4 (Business Marks) (2) The plaintiff permits a franchisee to operate a D franchise store using the following BI, and the franchisee shall use it.

GF3 All intellectual property rights concerning franchise business as well as BI under paragraph (2) are exclusive rights of the plaintiff and a franchisee may use only within the following limits:

1. The right to operate a franchise store using the business marks owned by the Plaintiff in the seat of the franchise store indicated in the annexed table 1 in signboards and interior facilities (facilities based on the first interior drawing presented by the Plaintiff) at the seat of the Plaintiff’s designated location. (4) A franchisee shall not damage or alter the business marks attached to the supplied goods and other franchise facilities, etc. supplied by the Plaintiff with property value of the Plaintiff, and shall not use them outside the scope of paragraphs (3) 1 and 2, nor transfer them to a third party without the Plaintiff’s consent, and shall manage them in the best condition.

Article 10 (Facilities of Franchisees) (1) A franchisee shall maintain the unity and originality of the whole franchise business by no later than the opening date of the franchise store through the Plaintiff’s due diligence and examination in accordance with the standards presented by the Plaintiff.

유사 판례

-서울북부지방법원 2017.02.03 2015가단148609

-수원지방법원 2018.01.11 2016가단536356

-서울동부지방법원 2020.03.13 2018가단131354

-서울북부지방법원 2017.05.25 2016가합1261

-서울동부지방법원 2019.02.15 2016가단100967