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(영문) 서울고등법원 2017.04.27 2016나2061014
손해배상(기)
Text

1. The judgment of the court of first instance, including the claim extended and reduced in the trial according to the Plaintiff’s incidental appeal.

Reasons

1. Basic facts

A. The Plaintiff is a management support company of A dental clinic group, which operated more than 30 to 40 A dental clinic stores nationwide, and the Defendant is a person who was transferred from the Plaintiff the dental clinic located in the fiveth floor of Gwanak-gu in Seoul Special Metropolitan City (hereinafter “instant clinic”).

B. On June 22, 2012, the Plaintiff and the Defendant agreed to manage the instant member, but concluded a contract with the Defendant for the use of trademarks, etc. and provision of services (hereinafter “instant contract”) under which the Defendant would pay the Plaintiff expenses for the use of the trademark, etc. and provision of services as follows:

Article 3 (1) (Plaintiff) of the Agreement on the Use and Service of Trademark, etc. (Use of Trademark, etc.) " shall grant non-exclusive license to "A (Defendant)" to use AP and A (Trademark J) and name, mark, brand, fine, or log (hereinafter referred to as "trademark, etc.") owned by "B" during the term of this contract, with respect to the operation of the target members.

Article 5 (Sales of Council Members through Promotion of Value, such as Trademark, etc.) (2) "B" shall enter into a contract with the same content as "A" to advertise and publicize eligible Council members through the enhancement of the value or image of trademarks, etc. and act on behalf of the Council members entrusted with marketing affairs to "B" in accordance with the following plan for joint marketing, and act on behalf of the Council members who have entrusted marketing affairs to "B":

1) On-line Advertising/Public Relations 2) Online Advertising/Public Relations 3) Outdoor Advertising 4. Outdoor Advertising 5. Outdoor Advertising 6. Outdoor Advertising 7) Outdoor Advertising 6.(The provision of comprehensive support and consulting services, etc. 1. “B” means the provision of comprehensive support and consulting services to “A” in relation to the management, taxation, personnel management, customer management, etc. of subject members such as management, finance, administration, personnel affairs, customer management, customer settlement, and dispute response.

The term "B" in paragraph (2) shall be referred to as "A" in terms of medical treatment, know-how, etc. by professional human resources.

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