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(영문) 서울고등법원 2017.01.13 2016나2047261
간접강제로 위반행위금 청구
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

The basic fact is a company that manufactures and sells a tent heating panel by means of an open-line method with the trademark "Salnishing".

On January 18, 2010, the Plaintiff and the Defendant (hereinafter “Defendant, regardless of whether the change was made,” Sicking of the former trade name, hereinafter “Sicking of the Company”) concluded a total sales contract with the content that the Plaintiff designates the Defendant as the key key key point of the heating panel manufactured by the Plaintiff, and that the Defendant would deliver and sell the heating panel (hereinafter “instant total sales contract”).

The main contents of the total sales contract shall be as follows:

Article 1 (Purpose) (2) of the General Sales Contract (Evidence A) (Evidence 3) 2 of the Plaintiff’s sales contract shall be designated as the total sales of the goods sold by the Plaintiff, and the Defendant shall accept it and faithfully perform sales business as prescribed by the instant General Sales Contract, and shall not sell the goods by arbitrarily changing the appearance or use of the goods.

Provided, That agencies, branch offices, etc. may be operated in other areas in consultation with the head office.

Article 14 (Termination of Contract) (5) Where the sales contract of this case is terminated or terminated for any reason, on the expiration of any other period, etc., the defendant shall immediately return all information and data (including smuggling, technical data, and sales data) received from the plaintiff to the plaintiff, and suspend the use of all trademarks, trade names, and logos related to the plaintiff or the plaintiff's product, and shall no longer become the plaintiff's agent.

In addition, the defendant shall not manufacture or sell the same or similar products for three years after the termination of the sales contract of this case.

Article 17 (Term of Contract) The sales contract of this case shall meet Article 4 (1), and the term of contract shall be three years from the date of conclusion of the contract.

Provided, That the automatic extension shall be made under the same conditions for three years from the following day of the expiration, unless a party does not make a separate written notification to the other party one month prior to the expiration of the period.

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