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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On January 19, 2016, the Plaintiff entered into a franchise agreement that allows the Defendant to operate the above C points (hereinafter “instant franchise agreement”). The main contents of the instant franchise agreement are as follows.
Article 19 (Duty to Maintain Confidentiality) (1) A (hereinafter the same shall apply) may provide B (Defendant; hereinafter the same shall apply) with various information, data, etc. necessary for his/her business, and B shall not divulge any trade secret provided by A to a third party for any purpose.
(2) B shall not print or duplicate education, seminars, materials, and other related documents containing trade secrets in connection with the operation of franchise stores without permission of A.
Article 20 (Duty of Prohibition of Competitive Practices) (1) No Eul shall operate any business of the same kind (including other member stores, independent stores, and franchisors) in the information disclosure statement in which trade secrets of Gap are infringed upon under the name of himself/herself or any third party during the term of this contract without permission of Gap.
(2) B shall not perform any act infringing on a trade secret of A in violation of the Unfair Competition Prevention and Trade Secret Protection Act in the name of himself/herself or a third party without permission after the termination of the contract.
Article 24 (Raising and Management of Supplied, etc.) (1) A may supply the following supplies to B in order to maintain the identity of the D brand by designating himself/herself or a subcontractor:
Provided, That the kind of goods supplied and the subcontractor may be added or changed in accordance with the management policy of A.
1. Essential items designated by Party A (the essential items purchased through an information disclosure statement and other means);
2. Consumable goods and fixtures on which the business marks Gap are printed.
3. Items recommended by Party A;
4.Other supplies for which Eul has requested Eul to purchase (self-purchase) 1. Eul shall have respect to supplies as referred to in article 24(1)1 to 2.