(영문) 서울남부지방법원 2019.02.15 2011가합6992

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(영문) 서울남부지방법원 2019.02.15 2011가합6992

계약금

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1. The defendant shall have USD 840,000 in U.S. dollars and its relation to the plaintiff from December 4, 2012 to September 30, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that manufactures and sells learning paper manufacturing business, private teaching institute business franchise, learning teaching materials and educational tools, and the Defendant is a corporation that engages in education management, educational information, and educational investment advisory business in the People's Republic of China.

B. On April 30, 2007, the Plaintiff entered into a license agreement with the Defendant on April 30, 2007 with the content that the Plaintiff used “D” and related know-how developed and held by the Plaintiff exclusively in China, granted exclusive rights and licenses to establish and sell a franchise store using the above program, and receive the royalty from the Defendant (hereinafter “instant license agreement”).

The Parties to the License Agreement of this case are as follows: The Parties to the License Agreement of this Agreement (hereinafter referred to as the “Agreement”) shall enter into a contract from April 30, 2007 as follows:

1. A plaintiff who is a company established and surviving under the laws of the Republic of Korea (hereinafter referred to as the "Korea") and has its head office in building F of the building in Suwon-si, Suwon-si;

2. A company established and surviving under the law of the People's Republic of China (hereinafter referred to as "China"), and all the accuseds having their headquarters in 7th Flor, G, and Whitena.

A. The Plaintiff developed an educational program known as “D” (hereinafter referred to as “program”), and owns all copyright, know-how, and various intellectual property rights related to the program.

B. The Plaintiff operated a program franchise business in Korea, and provided the Defendant with all information and explanations about the usefulness and function of the program.

C. The defendant must acquire the exclusive right to use the program from the plaintiff in China.

2. In accordance with the terms and conditions of this Agreement granted by License 2.1, the Plaintiff shall be the Defendant’s side in China.

유사 판례

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