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(영문) 수원지방법원 2012.11.01 2011가합8150

손해배상(기)

Text

1. As to the Plaintiff, Defendant Republic of Korea KRW 27,038,391, Defendant Gyeonggi-do KRW 27,208,039, and each of the above amounts.

Reasons

Basic facts are companies established for the purpose of manufacturing and selling phrases, police equipment, environmental products, sports equipment, traffic safety facilities, etc.

On March 2003, the Plaintiff developed “a fixed device in the shape of the increase that prevents the escape from the stoppy of a road sign board and the sign-up construction technology that enables the prevention of power failure,” and obtained a new technology (new technology: from April 9, 2003 to April 8, 2012) from the Minister of Knowledge Economy (the protection period: the protection period from April 9, 2003 to April 8, 201), and obtained a new product certification from the Minister of Knowledge Economy around July 2008.

(Protection Period: from August 31, 2005 to July 14, 201, the initial protection period was extended to August 30, 2008; however, around July 15, 2008, the protection period was extended to three years. The Plaintiff’s above technology was referred to as “instant new technology;” and “road signs disease created by the Plaintiff using the instant new technology” was referred to as the instant new product. The provisions relating to new technology and new products are as follows.

Article 18 (Utilization, etc. of New Technology) (1) of the Construction Technology Management Act (amended by Act No. 6893, May 29, 2003) (hereinafter referred to as "new technology") (1) The Minister of Construction and Transportation may designate and publicly announce a new technology as a new construction technology (hereinafter referred to as "new technology") if it is deemed necessary to disseminate the new technology at the request of the person who has developed the new, advanced, or construction technology deemed to be domestically new, advanced, or applicable at home (hereinafter referred to as "technology developer"), which has been introduced and improved for the first time in the Republic of Korea.

(2) The methods and procedures for designating technologies necessary for designating new technology shall be prescribed by Presidential Decree.

(3) The Minister of Construction and Transportation may, if deemed necessary for the protection of technology developers, ask technology developers to collect royalties for the use of new technology or protect them by other means.

(4)