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(영문) 서울중앙지방법원 2016.11.22 2014가합44142
손해배상(기)
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 50,081,195 to the Defendant (Counterclaim Plaintiff) and its related amount from October 18, 2014 to November 22, 2016.

Reasons

1. Facts of recognition;

A. 1) The Defendant is a company running the Hanwon franchise business under the name of “C”. 2) The Plaintiff and the Defendant entered into a franchise agreement on May 30, 2010 (hereinafter “instant franchise agreement”), and the main contents thereof are as follows.

Article 2 (Medical Treatment Business License)

1. The defendant Gap (the plaintiff) shall ensure that Eul (the plaintiff) exclusively engages in any business within the original area (integrated creative area) using the trade name and trademark of C, C's medical services, C's medical products, products, characters, characters, registration names and other marks, and various Internet services, including Internet services, medicine, sugar rooms, manpower, consulting support, advice, and other C diagnosis and treatment systems within the original area, on condition that this contract is faithfully implemented.

Article 4 (Duties of A)

5.A is obligated to supply B with respect to general sugar drugs using the highest-class medicinal herbs, prescribed herb drugs related to non-fluorrates, prescribed herb drugs related to skins, prescribed herb drugs related to women's disease, and other products and prescribed herb drugs, as well as medical services, at a reasonable price.

8. A shall have the duty of good faith to B.

Article 5 (Obligations of B)

1. Eul must bear the costs of being provided with images, medical products, medical services, and goods symbolizing its trade name, trademark, and other C from Gap.

4.B shall bear all regional hub marketing and other operating costs related to C (C) datum.

14. A fixed marketing out of the marketing costs (FIT) shall be KRW 3,000,000 per month (VAT separate), and the area, excluding the fixed marketing costs, and the individual marketing costs shall be borne by B individually.

15.B shall be paid to A in the form of five percent royalties (VAT Map) for monthly sales.

Article 6 (Rights A)

1. A shall additionally claim and pay the costs incurred in relation to B from B.

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