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(영문) 울산지방법원 2019.10.02 2018가합25553
약정금 등
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. Of the costs of lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a person running franchise business with the trademark F and G, and Defendant B entered into a franchise agreement with the Plaintiff on October 8, 2015 (hereinafter “instant franchise agreement”), and operated the F venture Points at the instant D store, and Defendant C, the husband of Defendant B, also operated the said sub-committee.

Article 3 (Cadastral Property) In accordance with this Agreement, the Plaintiff shall provide the Defendant B with its intellectual property orally or in writing.

Intellectual property shall include:

2. F manufacturing technology for food;

4. Article 4 (Contract Period) of the F’s entertainment method, selling price, and other matters related to sale.

1.The duration of this Agreement shall be two years from the month of the contract.

Article 7 (Confidentiality of Intellectual Property) The Plaintiff and the Defendant B shall strictly maintain the confidentiality of all food manufacturing and business secrets and intellectual property provided oral or in writing under this Agreement, and shall not, in any way, divulge them to a third party or, even after the termination of this Agreement, divulge to a third party any confidential information concerning the Plaintiff’s business obtained under this Agreement or in the operation of the store.

If the plaintiff was disadvantaged by divulging the matters related to the plaintiff's know-how to an external third party, the defendant B shall compensate the amount specified for the damages to the plaintiff, and shall pay the plaintiff by applying the statutory highest interest as much as the delayed period at the time of delay, and the defendant B shall not raise any civil or criminal objection.

Article 8 (Treatment after Termination of this Agreement) The defendant B may not engage in business activities of the same kind, kind, or similar for ten years under the name of his/her family or other person after the termination of the contract.

Article 9 (Compensation for Damages)

1. In the event of a breach of contract stipulated in this contract, Defendant B shall pay the Plaintiff KRW 0,000,000, and in the event of a breach, the Plaintiff shall pay this contract to the Defendant B.

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