(영문) 인천지방법원 2019.06.25 2018가합62651

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(영문) 인천지방법원 2019.06.25 2018가합62651

약정금 청구 등

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1. The defendant's KRW 55,750,00 for each of the plaintiffs and 5% per annum from December 4, 2018 to June 25, 2019, respectively.

Reasons

1. Facts of recognition;

A. On June 7, 2013, the Plaintiffs and the Defendant concluded a partnership agreement with a dental hospital to jointly manage the dental hospital, and operated 'D dental hospital'.

[The instant agreement] Article 1 (Amount and Method of Payment) (1) The Defendant withdraws deposit money to the Plaintiff and simultaneously pays KRW 900 million to the Plaintiff in cash with regard to the F dental embezzlement case from January 1, 2014 to September 2015.

Article 2 (Liquidation of Partnership) (1) The defendant confirms that the defendant withdraws from the partnership agreement of Dental Hospital prepared by three persons.

(2) The defendant waives all rights (the amount invested by the defendant, the right to claim the return of the lease deposit against the lessor, the right to claim the return of the lease deposit, the right to claim the return of the lease deposit to the plaintiffs, and notifies the lessor of his/her intention to claim the return of the lease deposit, and transfers all of the trademark rights including D' and F's trademark rights to the plaintiffs in his/her name, such as D's trademark rights and patent rights in his/her name, and uses the same or similar trade name as the above trademark rights, etc. in the training area in the future.

In addition, at present on the website or any other advertisement related to E public relations, the contents related to FD' or FD', etc. F, shall be immediately deleted.

Article 3(2)(2) The Defendant may open business in Yeonsu-gu after payment of settlement procedures and the amount of agreement in accordance with the instant agreement, but shall not use the existing trade name, such as “F” and “D,” or similar trade name, for a period of ten years from the Yeonsu-gu (hereinafter “E dental services, etc.”). In addition, the current E’s website contains the trade name, such as “F dental services” and “F dental services,” and the current E’s website. Accordingly, it shall be immediately deleted, and no sale advertisement shall be conducted using the trade name, “FD” in the future.

(4) The defendant (2).

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