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(영문) 서울중앙지방법원 2017.02.03 2016가합529593

손해배상(기)

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. From around 2002, the Plaintiff, as well as C and D, decided to convert the company into a legal entity, and the promoters as the Plaintiff, C and E (Plaintiff’s wife) established the Defendant on May 26, 201.

B. The Plaintiff filed an application with the Plaintiff, C, and G for a patent as follows, and received H’s patent registration.

(hereinafter referred to as "the patent of this case". The title of the invention is I: The summary of the J invention: The invention is related to I, and it is related to I so that it can be closely linked with the sale of the goods by the movement of the Shsaw that is wholly formed by the Vietnam and the stoo that limits the revolving of the Vietnam, by supplying or recovering the voltages between the Shsaw and the stoo that are secured by the pressure above, and by supplying or recovering the oil pressures between the Shsaw and the oil pressures above and the oil pressures above, by supplying or recovering the oil pressures between the warsaw and the oil pressures above.

(The scope of a patent claim consists of five claims, and each claim shall be omitted).

The Defendant produces and sells products listed in the separate sheet (hereinafter referred to as “Defendant’s products”), and the Defendant’s products meet all the elements of the instant patent invention.

(C) Facts that there has been no dispute, see the third pleading protocol). / [Ground of recognition] The fact that there is no dispute, Gap 1 through 4, Eul 1 and 2, the purport of the whole pleadings.

2. According to the above facts as to the cause of the claim, the Defendant’s products infringe the Plaintiff’s patent right. Thus, barring special circumstances, the Defendant is obligated to prohibit the infringement and destroy the products created by the infringement.

3. Judgment on the defendant's assertion

A. On December 12, 2011, the Plaintiff’s summary of the Defendant’s assertion is against the Defendant the instant patent right at the Defendant’s temporary general meeting of shareholders.