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(영문) 서울북부지방법원 2015.08.27 2013가합2669
위약금 등
Text

1. The Plaintiff:

A. The Defendants jointly share KRW 50,000,000 and as to this, from August 15, 2014 to August 27, 2015.

Reasons

1. Basic facts

A. From around 2000 to G, the Plaintiff has produced and sold teaching materials and lecture images for various public official examinations, etc. with the trade name of G.

B. The Plaintiff registered the HF domain name.

C. On February 22, 2006, the Plaintiff entered into a branch contract with the content that Defendant B and Defendant B received teaching materials and lecture videos from the Plaintiff and sold them, and that part of the sales amount would be paid as allowances (hereinafter “instant branch contract”).

The main contents of the branch contract of this case are as follows.

The work of the plaintiff (A) and the defendant B (B) shall be conducted.

1. Eul shall sell (member admission, etc.) teaching materials, etc. of Gap and collect them, and Gap shall provide Eul with teaching materials, etc. and provide them for use on its website;

The method of provision shall be made by means of sending the teaching materials, etc. to the members of the Dong at the request of the member of the Dong, and the management of the members shall be entrusted.

Items to be supplied with teaching materials shall be decided through mutual consultation.

It is not that Party A grants a sales right to Party B.

A may establish a branch office in a third party.

A is the head office and Eul is the branch office.

The types, series, series of work, etc. of the website.

2.In the event of this contract, A will create a website by reflecting the data requested by B.

Bonds shall be deposited.

3. The deposit for the establishment of branch offices of Eul shall be KRW 8,00,000,000, and Eul shall be paid in cash to Gap by February 23, 2006.

Provided, That where there are many production costs of the website at the request of B, B shall bear the expenses.

A shall own the deposit without returning it to B.

Ownership and operation of the homepage.

4. The website shall be operated at the head office, and the branch office shall reply to the questions of the visitors and members on the website.

The remainder shall be at the head office.

B shall be all created in the course of operating the homepage.

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