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(영문) 서울중앙지방법원 2018.12.14 2017나90041
손해배상 청구의 소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that engages in the business of manufacturing and selling clothes, wholesale, retail, etc., and the Defendant is operating the original part of the goods and processing company with the trade name of “E”.

Article 2 (Details of Agreement)

4. “A” (referring to the defendant; hereinafter the same shall apply) and “B” (referring to the plaintiff; hereinafter the same shall apply) shall cooperate with each other on the basis of trust, maintain confidentiality of the trade name information and product information known to them in the course of their duties, and shall not disclose or leak them to a third party without a prior approval.

Article 4 (Products Information and Pilot Products) "A" shall not leak any product information and prototypes of "B" to the outside, and shall immediately return the remaining products to "B" after the completion of the work.

Article 5 (Reversion of Ownership) “A” shall have all the raw and secondary materials and processed semi-finished products delivered by “B” from “B,” and “B” shall keep them only for processing and work for “B.”

Article 6 (Indemnification)

1. “A” shall be liable for damages three times the amount of damage if the damage was incurred to “B” due to an act in violation of the above contract (including penal provisions).

2. The calculation of the amount of damage shall be calculated by “B” in consideration of design development costs, distribution margin, expected consumer prices, and the image trend, etc. of “B”.

The penal provisions of Article 1 (Confidentiality) of the Penal Provisions of the Franchis Cooperation Company’s Penal Provisions (Confidentiality) “A” shall, in the case of letter-post employment using the original products (originals) of “B”, be implemented as follows:

1. “A” shall not provide or process an item of the same part or similar one at the request of “B” to another enterprise.

B. On February 6, 2012, the Plaintiff provided original services to the Defendant on the part of the Defendant, the Defendant, as designated by the Plaintiff, concluded a business agreement on the part of the Defendant with the content of processing and supplying the original body in a simple manner (hereinafter “instant business agreement”).

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