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(영문) 서울중앙지방법원 2013.11.28 2012가합508970
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 18, 2007, the Plaintiff was engaged in the food manufacturing business of dry fish products, and the Defendant was engaged in the distribution business. On August 18, 2007, the original Defendant entered into a partnership business agreement with the content that the Plaintiff is responsible for manufacturing costs, distribution costs, distribution costs, etc. from the sales proceeds of the products supplied through the Defendant and distributed the gross income after deducting manufacturing costs, distribution costs, etc. from the sales proceeds of the products supplied through the Defendant. The Plaintiff entered into a contract for business exchanges and joint projects.

(2) The agreement between the Plaintiff and the Defendant is referred to as the “instant partnership agreement” and the written agreement is referred to as the “instant agreement.”

The main contents of the instant agreement are as follows.

Article 2 (Field of Exchange and Cooperation)

1. The ownership of brand (A/main name:B): The development of brand (A) was the Defendant, and the ownership of which was the Defendant.

2. Priority to the Development of Products: The preferential right to the development of all the products containing brand (A) shall be against the defendant, and the manufacture and subdivision of related products shall be the plaintiff.

Article 3 Exchange, Cooperation and Promotion Methods

3. When the joint development of the above brand (A), the Plaintiff should transfer the amount of KRW 30,000 (30,000,000) of KRW 30,000 to the account designated by the Defendant, at the same time, for the purpose of concluding the contract for the portrait rights A (the title of this brand:B).

However, the above down payment is based on the premise of the sexual intention of the service of the service of the services, and the defendant shall continuously endeavor until the service of the service of the service of the service of the service of the service of the service of the service of

4. The development of goods (food) containing the Defendant’s brand (A) and factory distribution may be conducted only through the Plaintiff.

C. According to the instant business agreement, the Defendant entered into a contract with broadcasting company A (the main name: B) or its affiliates, and with C on the use of their names and portraits, and supplied the food produced by the Plaintiff to z. Esysters, flowers, etc. with brands using their names and portraits.

The plaintiff and defendant

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