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(영문) 서울동부지방법원 2020.03.19 2019가단119092
위약금
Text

1. Of the instant lawsuit, the part of the claim regarding KRW 588,265 shall be dismissed.

2. The defendant shall pay to the plaintiff KRW 19,876,582 and its amount.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of business, such as coffee manufacturing and coffee chain operation, and is running sales business, such as coffee, ice, and so on with the brand called “E”.

B. On April 13, 2015, the Plaintiff entered into a contract with the Defendant to operate the “G” located in the Gwangju Mine District using the Plaintiff’s “E” business mark (trade name, trademark) and the franchise business system (hereinafter “instant franchise agreement”).

The main contents of the instant franchise agreement are as follows.

(A) The term “Plaintiff”, “B”, and “Defendant”. (4) The term “member shop facilities” means the interior, kitchen equipment, interior decorations, office fixtures, etc. of the franchise store of “B”.

(5) The term "business sign" means any design and letter, such as trade name, trademark, service mark, emblem, patent, etc., registered by A in connection with E.

Article 9 [Attachment of Educational Expenses and Contract Performance Bond before Opening Point, and Latti] (5) The E shall pay Latti to A in return for the use of the business marks of B, and the Eatti shall be mutually agreed upon at the end of the party member and paid to A the relevant Latti on the fixed date on the date of confirmation.

Article 30 [Obligation to Termination of Contract and Measures] (1) A shall immediately suspend the use of a business mark, know-how, etc. at the time the contract expires or terminates, remove all member shop facilities with the above business mark marked, mail new-markets, etc., and return leased items, etc. provided to A free of charge.

(2) The expenses for removal and restoration under paragraph (1) of this Article shall be borne by a person who is responsible for his/her restoration or upon expiration of his/her contract term.

Article 31 [Predetermination of Compensation for Damages and Damages] (2) Where Gap's trademark rights are infringed after the termination of this contract, and Gap's trademark rights are used without permission in trade name, signboards, and other display items.

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