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(영문) 대전지방법원 2015.07.09 2015가합100109
손해배상(기)
Text

1. The part of the Plaintiff’s lawsuit against the Defendants, which prohibits infringement of trademark rights and claims for indirect compulsory performance, shall be dismissed, respectively.

2...

Reasons

1. Basic facts

A. The Plaintiff and the Defendants’ franchise agreement entered into between the Plaintiff and the Plaintiff is a contract with the franchise business operator registered under the personal name of “D” and the franchise franchise agreement or franchise agreement permits the franchise business operator to run his/her business using business marks, such as his/her own trade name and trademark, and provides guidance and control on the franchise business to comply with the quality standards and business methods as designated by the franchise business operator, and the franchise is a contract with the content that the franchise pays a certain amount of fee to the franchise business operator as a consideration.

(Article 168 Section 6). A person operating a business is a trademark holder of the registered trademark listed in the attached list.

The Defendants, on February 20, 2014, with the trademark "E" (business mark and brand) attached on February 20, 2014 for the purpose of running a restaurant in the form of a franchise store, between the Plaintiff and the Plaintiff of the franchise business (franchise business operator) that operates the restaurant franchisor, the term of the franchise is two years from February 20, 2014 to February 19, 2016, with the name of the franchise store as "E Geumcheon Point"; the Plaintiff allows the Defendants, the franchise owner, to use the trademark owned by the Plaintiff as the registered trademark; the Plaintiff conducts the restaurant business in accordance with the quality standards and business methods designated by the Plaintiff; the Plaintiff provided support and education for the management, business activities, etc. of the franchise store; the Defendants are obliged to use the business mark provided by the Plaintiff and pay franchise expenses to the Plaintiff in return for receiving support and education for the operation, business activities, etc. of the franchise store from the Plaintiff (hereinafter referred to as the "instant franchise agreement"); and from March 21, 2014 to the name "E restaurant."

B. Of the instant franchise agreement, the part on which the agreement on compensation for damages was entered into between the Plaintiff and the Defendants, stating the agreement on compensation for damages in the franchise agreement (Evidence A2).

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