logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.01.14 2014가합585353
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 9, 2013, the Plaintiff and the Debtor A (hereinafter “Rehabilitation Debtor”) entered into a supply contract setting forth the basic rights and obligations between the Plaintiff and the debtor with respect to the clothes that the rehabilitation debtor will design and deliver to the Plaintiff (hereinafter “instant contract”). The main contents are as follows.

Article 8 (Compensation for Leakage of Products) (1) No Eul shall transfer or sell to any other person, without consultation with Gap before or after the supply of the products is completed.

(2) No Eul may deliver to others the products of Gap, or produce and sell any similar products.

(3) Where Eul leaks sample, pattern, work order, trademark right, or any other material, he/she shall be liable to compensate for such divulgence.

4. B may not supply the same or similar goods to the same industry (B, C, D, E, F, G, H, etc.).

(5) In cases falling under paragraphs (1) through (4) of this Article, compensation for at least 100% of each of the products he/she works may be claimed immediately.

(6) In cases falling under paragraphs (1) through (4) of this Article, A may terminate any product contract for which B is working immediately.

Article 9 (Term of Validity of Contract) (1) In principle, the term of contract shall be one year from the date of contract.

(2) In principle, if there is no separate consultation between A and B after the expiration of the contract period, the contract shall be automatically renewed.

B. On the basis of the instant contract, if the Plaintiff and the Debtor present to the Plaintiff a new clothes sampling that the debtor designs the basic form, color, etc. of each season based on the instant contract, the Plaintiff may designate part of the clothes sampling that the Plaintiff intends to sell by attaching the Plaintiff’s trademark among them, and estimate the supply price of the relevant clothes. The Plaintiff and the debtor make a label with the Plaintiff’s trademark name attached to the Plaintiff Company upon giving individual orders and work orders to the debtor, and accordingly the latter produces a specific clothing by attaching the Plaintiff Company label.

arrow