logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.11.08 2018가합582727
경업금지 등 청구의 소
Text

1. By January 19, 2020, the Defendant is a doctor’s specialty store other than the business of “E” in the Suwon-si Suwon-si C apartment and D.

Reasons

1. Basic facts

A. The Plaintiff is a franchiser that runs a franchise business related to “kins” using the business mark called “E,” and the Defendant is a person who operates an “E deads shop.”

B. On January 10, 2018, the Plaintiff and the Defendant entered into a franchise agreement (hereinafter “instant franchise agreement”) with the Defendant’s operation of the E-Baodong C apartment and D (hereinafter “instant store”) on the following grounds: (a) the Plaintiff permitted the use of the trade name trademark for that purpose; and (b) the Defendant’s operation as a cycle to support the Defendant’s management (hereinafter “instant franchise agreement”).

The details of the instant franchise agreement concerning the instant case are as follows.

Article 7 [Period of Contract and Renewal] (1) This contract shall take effect from the date of its conclusion to the date of its conclusion, and shall take effect for two years.

However, at the time of renewal, one-year contract is extended (the contract term: January 10, 2018 to January 19, 2020). Article 9-3 (Regular Payment Expenses) (1) The defendant shall each month be extended to the plaintiff.

5. or 25. A 200,000 won (excluding surtax) shall be automatically transferred to the account designated by the Plaintiff under the pretext of royalties.

(2) The royalties under the provisions of the preceding paragraph shall be the fees for the trade name and trademark use and management of the trademark from the first day of the delivery of the date on which the money is paid to the last day.

Article 18 [Duty of Confidentiality] (1) The plaintiff may provide the defendant with various information and data necessary for his/her business, and the defendant shall not divulge any trade secret provided by the plaintiff to a third party for any purpose.

(2) The defendant shall also be liable for the breach of duty under the preceding paragraph by its employees.

(3) The obligations under paragraphs (1) through (2) shall continue from the time of formation of this contract to the date two years have elapsed after such termination.

Article 19 [Obligation to Prohibit Competitive Business] The defendant shall manage another chain store and independent store in the same type of business, the trade secret of which is infringed upon by the plaintiff's own or a third party without the plaintiff's permission during the duration of this contract.

arrow