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(영문) 서울중앙지방법원 2020.01.31 2019가합530419
인쇄물제작배포금지등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. (1) The Plaintiff’s contract for the production of the advertising street complex, etc. 1) The Plaintiff is a company that runs a franchise business for wholesale and retail business in the name of “C,” and the Plaintiff D Co., Ltd. on August 1, 2018 (hereinafter “D”).

(2) On the same day, the Plaintiff and the Plaintiff’s chain store entered into a contract for the supply and exercise of goods on behalf of others to be used for the production of the advertising complex, etc., and on the same day, the Plaintiff entered into a contract for the supply and exercise of goods.

[Contract for Supply and Exercise of Goods] The Plaintiff and D enter into a contract for the supply and exercise of goods on behalf of others under the conditions specified below:

(Purpose) The purpose of this Agreement is to set the basic rights and obligations between D and D in the transaction of goods and events between D and the Plaintiff.

Article 4 (Transaction Products) A contract with the Plaintiff shall be entered into with respect to all parts of the transaction involving D.

Plaintiff

The design used for vicarious execution of goods and events provided to the plaintiff's franchise store shall exclusively run by the plaintiff.

Article 5 (Orders and Delivery) (1) Upon request of the Plaintiff at each time of purchase, the Plaintiff shall place an order, and D shall deliver the goods in accordance with the order.

The name, size, quantity, delivery date, delivery quantity, etc. shall be specified in the order, and the delivery date shall be delivered in accordance with the payment period agreed upon by case.

(3) D shall provide the service of the plaintiff or the plaintiff's chain store.

Article 6 (Terms of Supply) D) The amount claimed by the Plaintiff at the time of settlement shall be settled.

Cooperation, changes, and announcement of the settlement and transactions with all member stores of the plaintiff shall proceed after consultation with the plaintiff.

[Agreements Attached to the Supply of Goods and the Exercise Agency] Article 3 (Reversion of Intellectual Property Rights) is acquired by the plaintiff in accordance with the pertinent contract.

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