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(영문) 서울중앙지방법원 2017.07.07 2016가합567229
서비스표 침해금지 등 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiff B filed an application for registration of the following trademark (service mark) with a view to operating a franchise business of a pre-alley professional store with the net d's trade name and a d's length of d' as the main charge.

(hereinafter referred to as "the trademark of this case"). Date of application / Date of decision of registration / Date of registration / Registration number: E/Sgd. / F/ Gu on December 16, 2014: designated service business: Chinese food store business, restaurant chain business, main store business in Chapter 43.

B. The Plaintiff B entered into the instant contract with the Defendant on December 15, 2014, and the Defendant’s “I” in Busan H (hereinafter “instant branch”).

A) In operating the trademark of this case, a franchise agreement was concluded with the content that the trademark of this case and other trademarks, trade names, signboards, etc. are used to sell net and window glasss by using business marks (hereinafter “instant agreement”).

2) The instant branch exempted the Defendant from KRW 110 million for the first franchise fee, KRW 22 million for the contract deposit, KRW 2 million for the contract deposit, and KRW 2 million for the renewal of the contract for the two-year unit. 2) The main contents of the instant contract are as follows.

Article 1 (Agreement on Franchise Relations) "A" (Franchisor B, hereinafter the same shall apply) and "B (Defendants; hereinafter the same shall apply)" agree to establish franchise relations for D' business as follows:

(1) "A" shall grant permission for the operation of "D" stores according to the uniform franchise system and the image of the franchise business, and shall provide management guidance support and services through the D's franchise business system after the opening of the store.

Article 5 (Granting a Franchise Operating Right and Granting a License to Use Business Marks) (1) "A" shall grant "to the extent necessary to enable "A to operate a franchise store in accordance with the business method of "A during the term of this contract" to the extent that "A shall operate a franchise store":

1. A’s license to use the business mark “A”.

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