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(영문) 서울고등법원 2015.10.16 2014나2051624
손해배상(기)
Text

1. All appeals filed by the counterclaim and the counterclaim Defendant are dismissed.

2. The costs of appeal shall be borne by each party.

Counterclaim. Claim.

Reasons

1. Basic facts

A. Lessee (the trade name at the time was changed to ESS, April 21, 2009 and completed the registration) is a company aimed at designing, manufacturing, and installing various exhibitions, such as museums.

On October 1, 2004, the Counterclaim Plaintiff: (a) with respect to the production of goods, such as “C” and “D,” which are personal business operators who have produced a credit cooperative, etc. in the name of “B,” the term of validity of the agreement, including the following: (b) the term of validity of the agreement: (c) this agreement is automatically extended every one year in the absence of mutual objection with respect to the three-month prior to the term of validity of the agreement from October 1, 2004 to September 30, 2005, without mutual objection with respect to the agreement:

A person shall be appointed.

1. Matters to be observed on January 1, 199: The counterclaim shall provide the counter-defendant with technical data necessary for the production of C and D, etc. after the agreement, and the counter-defendant shall apply them to the production of C and D, etc.

1.2. The sales rights and intellectual property rights of all products jointly developed and manufactured by the Counterclaim Plaintiff and the Counterclaim Defendant, as a technical guidance, shall be owned and exercised by the Counterclaim Plaintiff.

2.2.1. Obligations. (3) The counterclaim Defendant is prohibited from delivering or delivering to any person other than the counterclaim any technology of all the products jointly developed and produced and any related matters (products, drawings, materials, manufacturing methods, research materials, etc.) to him/her, and if the matter is not fulfilled, the counterclaim Defendant shall be legally liable and shall compensate him/her for it, taking into account the future goodwill, etc.

"Agreement".

AB concluded the agreement.

B. Under the instant agreement, the Counterclaim Plaintiff received product orders, such as C and D, and the Counterclaim Defendant has manufactured and supplied the product according to the contract that the Counterclaim Plaintiff received.

The instant Convention has been automatically extended every year and entered into force in 2012. On July 4, 2012, the counterclaim Defendant intended to terminate the instant Convention to the counterclaim.

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