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(영문) 서울서부지방법원 2014.11.06 2013가단224383
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 13, 2012, the Plaintiff filed an application for service marks as follows and completed the registration on April 12, 2013.

B. On June 27, 2012, the Defendant entered into a franchise agreement with the Plaintiff on the “Sing Incheon B Points,” and the main contents of the instant franchise agreement are as follows.

-Franchis contract (A: the plaintiff, the defendant)-Article 4 (Business Marks) (1) shall implement procedures necessary to secure exclusive exclusive rights to business marks.

(2) A shall allow B to operate the Dried Credit Card merchant by using the following BI, and Eul shall use it:

Article 18 (Duty of Prohibition of Competitive Practices) (1) No Eul shall operate any same kind of business (including the management of other member stores and independent stores) 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) No Eul may use trade secrets of Eul-business without Gap's permission after the contract is terminated.

Article 21 (Business Standardization, Handling Items, and Selling Price) (1) B shall comply with the operation guidelines, manuals, etc. of franchise stores presented by A for the unity and standardization of franchise business and shall endeavor to maintain the reputation of A.

(2) Eul shall comply with the appropriate quality standards for goods and services presented by Gap, and shall sell and provide me New Zealand approved by Gap, which does not impair the unity of franchise business, to customers.

In addition, Eul must obtain Gap's written approval in the event that the main contents of the business are changed.

Article 23 (Self-Purchase) (1) In principle, Eul shall be supplied by Gap or collaborative enterprises to maintain the unity of the "Awarding brand" for the supplies referred to in Article 22 (1) 1 through 2.

provided, however, that:

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