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(영문) 서울고등법원 2017.02.02 2016나2051482
상표사용금지 등 청구의 소
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. The grounds for the court’s explanation concerning this case, such as the acceptance of the judgment of the court of first instance, are as follows 2. The relevant part of the judgment of the court of first instance is used in this court as stated in the reasoning of the judgment of the court of first instance (including its attached Form), except for the addition of the judgment of the following 3. Thus, this Court shall accept it as it is in accordance with the main sentence of

2. Parts to be dried;

A. Two pages 12 of the instant contract added the following to the left side of the two pages, the Defendant paid KRW 10,000,000 to the Plaintiff according to the said contract.

after such date

B. On the 3 pages, the Defendant shall revise “3. The Defendant” to “4. The Defendant”

다. 4면 3행 아래에 다음을 추가 ㈕ 피고가 원고의 대리점 이외의 동일업종(14K, 18K 판매점)을 원고의 동의 없이 운영하였을 때

(d) add “the Plaintiff” to the right side of four pages “10 million won”;

E. From the fourth to five pages 1, the Fair Transactions in Franchise Business Act (hereinafter “Franchising Business Act”) was amended by the former Fair Transactions in Franchise Business Act (amended by Act No. 14135, Mar. 29, 2016; hereinafter “Franchising Business Act”) as follows:

(f) to “(Article X paragraphs 2 and 3)” (Article X paragraphs 2 and 4) for five pages 13.

G. Article 4(1)2 of the Franchise Business Act and Article 13(1) [Attachment 2] 2(b) of the Enforcement Decree of the Franchise Business Act provide that an act of unfairly compelling a franchisee to trade with a specific franchisee (including a franchisor) in relation to the purchase, sale, etc. of goods shall be construed as an unfair trade practice if Article 4(1) of the instant contract is invalid due to a violation of Article 12(1)2 of the Franchise Business Act, and Article 13(1) [Attachment 2] 2(b) of the Enforcement Decree of the said Act. However, it is objectively recognized that such a product is essential for a franchise business.

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