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Reasons
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(영문) 대전지방법원 2018.07.18 2017가합106293
부정경쟁행위금지 등
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1. The part of the claim regarding “transaction Documents” in the instant lawsuit is dismissed.

2. The defendant is "C", "D", "E", "F."

Reasons

1. Basic facts

A. The Plaintiff is a juristic person established pursuant to A’s laws for the purpose of fostering of guiding talents required for science and technology and industrial development, conducting national and medium- and long-term research and development on science and technology and industries, and developing the foundation and applied research for the purpose of cultivating the national science and technology potential, and disseminating the outcomes thereof.

G Co., Ltd. (hereinafter “G”) is a corporation established on April 18, 2008 for the purpose of software development, etc.

[B] Article 1 (Purpose) of the Convention is to establish the Plaintiff (A) and G as A’s brand enterprise.

Article 3(Business Area B) The business territory is as follows:

1. Educational content business that is conducted by B brands;

2. Projects for ITDVICE (Electronic Plocks, Education Pad, etc.) that proceeds from B brands;

3. Article 4 of other projects agreed upon by the adopted parties.

1. The plaintiff's role

A. The Plaintiff shall grant the right to use B brands.

2. Roles of G;

(a) G shall operate B and provide ITDVICE, etc.

Article 7 (Termination of Agreements) This Convention may be terminated in any of the following cases:

2. Where each of the provisions of this Convention has been violated;

3. Where he/she commits an act detrimental to the plaintiff's honor and dignity, [Attachment Agreements] Article 2.

1. The Plaintiff owns 49% of the B’s shares under the condition that the right to use A’s brand is granted.

2. G shall own 51 per cent of the shares B as the operator for B.

Article 5 (Termination of Agreements and Measures)

2. If the projects of G and B do not proceed smoothly, A may require that the trade name of B be changed to another trade name that does not include “E”.

Article 6 (Prohibition of Assignment) The plaintiff and G may not transfer to a third party any rights and obligations prescribed in this Convention.

B. On April 19, 201, the Plaintiff entered into an agreement on the establishment of the Defendant Company and its affiliated agreements with G with the following content:

(hereinafter collectively referred to as the “instant agreement”). C.

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