우수제품지정취소처분 취소 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff was a small and medium enterprise that produces street lamps and supplied street lamps to public institutions. The Plaintiff registered three patents as follows (hereinafter “instant patents”).
◆ 특허등록번호 B, 발명의 명칭 ‘C’, 등록일 D ◆ 특허등록번호 E, 발명의 명칭 ‘F’, 등록일 G ◆ 특허등록번호 H, 발명의 명칭 ‘I’, 등록일 J
B. The Plaintiff filed an application with the Defendant for designation of superior products on the PE street, etc. to which the instant patent applies, and in relation to the said application, on April 19, 2013, the Plaintiff rendered a disposition to designate superior products with the content of “The name of the organization, company name of the organization, company name of the company A: K and its designation period: from April 19, 2013 to April 18, 2016: K-04-2, JH-04-2, JH-014, JH-028, JH-02-1, JH-02-1, and JH-011.”
C. Based on the instant disposition on June 5, 2013, the Plaintiff concluded a contract with the Defendant to increase the contract amount of KRW 945 million with respect to the third party’s street lamps, etc. selected as an excellent product by applying the instant patent technology (hereinafter “instant excellent product”) from June 5, 2013 to June 4, 2014, with respect to the third party’s unit price contract amounting to KRW 95 million and the contract period from June 5, 2013 to June 4, 2014 (a contract under which the actual supply is made at the time of the supply request by each demanding entity within the scope of the contract amount). On June 3, 2014, the Plaintiff concluded a contract to extend the contract amount of KRW 1.89 billion and the contract period from June 5, 2013 to June 4, 2015.
On June 4, 2015, the Plaintiff concluded a third party unit price contract with the contract price of KRW 1.89 billion and the contract period from June 4, 2015 to April 18, 2016.
(hereinafter referred to as the “instant contract”) d. of the third party unit price contract concluded on June 4, 2015.
Among the instant patents registered by the Plaintiff, the Patent Registration Number B (hereinafter “instant key patents”) is the Patent Register with the payment of patent annual registration fees.