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(영문) 서울고등법원 2016.11.17 2015나2050130
손해배상(기)
Text

1. This Court has been reduced or reduced by this Court against Defendant B, D, and E, or has been extended or reduced against Defendant C; or

Reasons

1. The scope of this court's trial at the first instance court, the Plaintiff, a franchisee who entered into a franchise contract with the Plaintiff as a franchisor, violated the Plaintiff's obligation to use the school district, the prohibition of competition, and the duty to return business assets and inventory assets at the time of termination of the franchise contract, as well as the Plaintiff's act of selling the Plaintiff's form of a power-driven supplier that the Defendants manufactured and sold from L, constitutes an unfair competition act in the form of the product form under Article 2 subparagraph 1 (i) of the Unfair Competition Prevention Act, or infringes the Plaintiff's design right. The Defendant D asserted that the Plaintiff's act of using the Plaintiff's technical information and sales assets infringed the Plaintiff's trade secrets, etc., and sought compensation against the Defendants based on the Plaintiff's violation of the franchise contract, the violation of the franchise contract, the unfair competition act in the form of the product form, or the infringement of design right, and the Plaintiff's technical information and sales assets against the Defendant D sought prohibition against the Plaintiff's technological information and sales infringement.

The first instance court dismissed all of the Plaintiff’s claims against the Defendants, and the Plaintiff appealed against this and filed an appeal.

Then, after the termination of the franchise agreement with the Defendants, the Plaintiff voluntarily withdrawn both the Plaintiff’s claim for damages based on the prohibition of competition, the indirect compulsory performance claim, and the unfair competition act of the shape of goods under Article 2 subparag. 1(i) of the Unfair Competition Prevention Act, and the Plaintiff’s claim for damages based on the tort against Defendant B, and the Plaintiff’s claim for infringement of Defendant D’s technical information and business assets. The Plaintiff reduced the claim for damages against Defendant B, D, and E, and claimed for damages against Defendant C.

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