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(영문) 부산고등법원 2015.01.29 2012나5445

손해배상(기)

Text

1.The judgment of the first instance, including any further claims in the trial, shall be modified as follows:

The Defendants respectively.

Reasons

. Inasmuch as it appears unrelated to this case’s relevant sales, it is reasonable to exclude it from the relevant sales amount.

B) Accordingly, the specific amount of damages is calculated as listed below. Items 1, 201: 91,00 won 497,50,500 won 742,500,642,500 won 2,495,800,800 won 2,495,800 won 5,61,61,04,000 won 6,545,00 won 2,000 won 2,48,000 won 2,50,000 won 2,50,000 won 6,545,16,164,000 won 6,160,160,160,000 won 10,505,30,000 won 28,29,000 won 10,505,09,000 won 30,000 won 29,205,29,204,05

C. According to the theory of lawsuit, with respect to KRW 100,00,00, which is the cited amount of the first instance judgment on the claim for damages of 2010 and 2011 among the above money and KRW 2,115,959,49,490 among the above money, the Defendants filed against each Plaintiff after the date of infringement on trade secrets, and the Plaintiff seeks to dispute over the existence and scope of the Defendants’ obligations from March 12, 2012 to May 31, 2012, which is the date of the first instance judgment, 5% per annum prescribed by the Civil Act until May 31, 2012; 20% per annum prescribed by the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings from the following day to the date of complete payment; 56,094,950 won, which is the additional cited amount of the first instance judgment among the claims for damages of 201 and 2011, to the date of complete payment.