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(영문) 서울동부지방법원 2020.07.17 2019나30923
손해배상(기)
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. Of the appeal costs, 17/20 shall be the Plaintiff, and 3/20 shall be the Defendant respectively.

Reasons

1. Basic facts

A. On May 25, 2017, the Plaintiff was changed between the Defendant and the Defendant into Dong-dong, Sungnam-si, Sungnam-si (Seoul-si, Da-dong on August 11, 2017).

(E) In the Plaintiff’s registered service mark, “E” and “F” (hereinafter referred to as “instant service mark”) are combined.

A) Using the English Private Teaching Institutes to enter into a contract with the Plaintiff to operate the English Private Teaching Institutes and pay the Plaintiff KRW 2 million with the fee for use (hereinafter “instant contract”). The content of the contract pertaining to the instant case is as follows.

3. The Plaintiff permits the Defendant to use the instant service mark from May 17, 2017 to May 16, 2020.

5. The defendant does not claim ownership and copyright after the expiration of the above period with respect to the plaintiff's copyright, such as the service mark of this case and education know-how related thereto.

6. The Defendant shall not use the Plaintiff’s work, such as the instant service mark and education know-how, etc. accompanied by the service mark, by modifying and modifying the contract period and even thereafter.

7. When the defendant uses the service mark of this case, teaching materials and teaching tools used as education materials shall be entirely purchased and used from the plaintiff.

8. The Defendant shall not use educational materials provided by the Plaintiff as modified, modified, or applied without the Plaintiff’s written consent.

9. The Plaintiff has the authority to request review and correction of the service mark of this case operated by the Defendant, the Plaintiff’s education know-how, and the Plaintiff’s business using educational materials.

12. The defendant agrees not to disclose or spread education know-how, business methods, etc. provided by the plaintiff to a third party.

19. The Defendant pays 5% of the monthly sales generated using the instant service mark to the Plaintiff.

22. The defendant compensates for the amount equivalent to ten times the service mark fee of 2 million won when violating the contract terms and conditions, and agrees to bear civil and criminal liability. If the plaintiff's damage amount is two million won.

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