beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
가. 원고는 2006. 11. 20.경 롸이즈온 주식회사(2010. 12. 21. 피고에 흡수, 합병되었다. 이하, 롸이즈온이라 한다)와 사이에 자산양수도계약을 체결하면서 다음과 같이 약정하였다.
The transferor is a company that engages in food service business, franchise business, food beverage distribution business, travel business, etc., and operates a total of six direct sales stores, such as Cheongdok's head office, Gangnam Station 1 store, lot department store sub-joint store, modern department store A store, modern department store trade center, and ggalian department store, and Gangnam-gu 2 store.
§ 1. The term "main business" refers to the business carried out by the transferee on the basis of the store to be transferred from the transferor and all the rights and obligations incidental thereto, and to any new business that the transferee wishes to be dismissed in the future.
The term "service mark" means a service mark (hereinafter referred to as "service mark right of this case") of No. 41-206-006-017604, 41-206-017607 and 41-2006-017609 for the application number filed by the transferor with the Korean Intellectual Property Office, including where the transferor has a trademark or service mark filed or registered separately in connection with the business of this case.
The term "transfer assets" means the following assets among the assets of the transferor, and other assets and liabilities of the transferor shall be excluded from the transferred assets:
1. Instigants, kitchens, kitchenss, furnitures, fixtures and all other tangible property attached to the burial to be taken over;
2. Claims for lease deposit for stores to be acquired;
3. All rights to service marks:
4. The term “to be acquired store” in the Internet domain name, which is owned by the transferor related to the supermarket business (including www.martoco.co.r) refers to the Cheongdamdong head office, modern department store A stores, modern department store trade center, and ggallon department store and gallonian department store.
§ 2. Transferable assets.