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(영문) 서울동부지방법원 2019.07.03 2018나26286
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On May 25, 2017, the Plaintiff entered into a contract with the Defendant to operate a English private teaching institute using “E” and “F” (hereinafter collectively referred to as the “instant service mark”) that are the service marks registered by the Defendant in Sung-nam-si, Sung-nam-si (hereinafter referred to as “E”) from May 17, 2017 to May 16, 2020, and to pay the Defendant KRW 20 million as the fee for the use of the instant service mark (hereinafter “instant contract”).

The Plaintiff does not claim the ownership and copyright of the instant service mark and its related educational know-how after the expiration of the contract term with respect to the copyrighted works owned by the Defendant.

The Plaintiff does not use the Defendant’s copyrighted work, such as the instant service mark and the education know-how offered accompanied thereby, by modifying and modifying the Defendant’s copyrighted work even after the contract term expires and the contract term expires.

When using the service mark of this case, the Plaintiff purchases and uses teaching materials and teaching materials used as education materials entirely from the Defendant.

The plaintiff shall not use educational materials provided by the defendant as modified, modified, or applied without the defendant's written consent.

The defendant has the authority to request the review and correction of the service mark of this case operated by the plaintiff, the education know-how of the defendant, and the business using the defendant's educational materials.

The plaintiff shall not disclose or spread education know-how and business methods, etc. provided by the defendant to a third party.

The Plaintiff pays 5% of the monthly sales generated using the instant service mark to the Defendant.

B. The details of the instant contract are as follows.

C. On July 1, 2017, the Plaintiff paid KRW 10 million out of the usage fees stipulated in the instant contract to the Defendant, and around August 19, 2017, the F funeral point under subparagraph H of the revised G Building G Building G in Sungnam-gu (hereinafter “instant private teaching institute”).

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