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(영문) 서울북부지방법원 2017.12.06 2015가단144287
손해배상 등
Text

1. The plaintiff's claim against the primary defendant is dismissed.

2. The conjunctive Defendant’s KRW 25,000,000 and this shall apply to the Plaintiff.

Reasons

Basic Facts

The plaintiff is a company that manufactures and sells robots for education and directly operates an agency within a certain business area, or an independent business operator who has entered into a contract for a branch office or a general sales contract distributes its business area to supply such robots.

The Defendants are married couple, and Defendant A is engaged in the wholesale and retail business of living street robots, and Defendant B is engaged in the robot programming education business under the trade name of “C”.

On September 1, 2013, the Plaintiff and Defendant B entered into a total sales contract under which the Plaintiff supplied Defendant B with the products for education, and Defendant B sold them to elementary schools within the business territory.

(hereinafter referred to as “instant total sales contract”). Group of products: Group of products: Section 10(2) from September 1, 2013 to August 31, 2014, is prohibited from engaging in the same kind of business as that of the Plaintiff against the Plaintiff’s interest (or the business related to the product released by the Plaintiff so far) and from soliciting the center and teachers within its business territory.

Defendant B may use a product outside the above scope of the Plaintiff’s business, but should convert the product into the Plaintiff’s product as soon as possible, in the event that the Plaintiff’s new product in its business area is released and there is no difficulty in selling quality and price conditions.

Article 11(3)6: Where the defendant B uses the same kind of product or competitive product as that of the plaintiff's business scope (limited to the center operated by the defendant B), the plaintiff may terminate the contract through a 30-day grace period after notifying the plaintiff in writing of his intention of termination.

In this case, where the plaintiff is a large amount of damage to the plaintiff, the plaintiff may immediately suspend the performance of the delegated duties of the defendant B.

Defendant B was operated as a private business entity under the trade name, E, a competitor, Inc., a competitor on August 19, 2014, and is E, a stock company in 2014.

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