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(영문) 대전고등법원 2019.06.05 2018나13620
부정경쟁행위금지 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The first instance court rejected the claim concerning the “transaction Documents” among the instant lawsuit, and accepted the remaining claims for prohibition of use and the registration for cancellation, and partly accepted the remainder of the claims for destruction by eliminating the mark indicated in the separate sheet among the signboards and advertisements, and dismissed the remainder of the claim for indirect compulsory performance.

The defendant appealed against the above cited portion, which is subject to the judgment of this court, is limited to the cited portion as above.

2. Basic facts

A. The Plaintiff is a juristic person established pursuant to A’s laws for the purpose of fostering of guiding talents required for science and technology and industrial development, conducting national and medium- and long-term research and development on science and technology and industries, and developing the foundation and applied research for the purpose of cultivating the national science and technology potential, and disseminating the outcomes thereof.

B. On April 19, 2011, the Plaintiff entered into an agreement on the establishment of the Defendant Company (hereinafter “instant establishment agreement”) and its attached agreement (hereinafter “instant attached agreement”) with G Co., Ltd. (hereinafter “G”), with the following content: (a) the agreement on the establishment of the Defendant Company (hereinafter “instant attached agreement”); and (b) the instant establishment agreement together with the instant establishment agreement (hereinafter “instant agreement”).

[The purpose of this Convention] Article 1 (Purpose) of the Convention is to establish the Plaintiff (A agency) and G as a brand enterprise A. B.

Article 3(Business Area B) The business territory is as follows:

1. Educational content business that is conducted by B brands;

2. Projects for ITDVICE (Electronic Plocks, Education Pad, etc.) that proceeds from B brands;

3. Article 4 of other projects agreed upon by the adopted parties.

1. The plaintiff's role

A. The Plaintiff shall grant the right to use brand B.

2. Roles of G;

(a) G shall operate B and provide ITDVICE, etc.

Article 7 (Termination of Agreements) This Convention may be terminated in any of the following cases:

2.The provisions of this Convention are violated;

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