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(영문) 춘천지방법원원주지원 2020.01.30 2018가합5702

위약금 청구의 소

Text

1. The Defendant (Counterclaim Plaintiff) co-owns KRW 5,729,822 against the Plaintiff (Counterclaim Defendant) and its payment from April 20, 2018 to April 20, 2020.

Reasons

1. Basic facts

가. 당사자 1) 원고는 2002년 의료기기 제조업, 의료기기 수출입업, 의료용기기 도소매업을 목적으로 설립된 업체로서 2013. 8.경부터 폴리디옥사논(PolyDioxanOne) 봉합사(縫合絲 또는 suture thread, 이하 'PDO 봉합사‘라 한다

(2) Defendant B, from around 2011 to June 14, 2013, worked as a research institute of D (hereinafter “D”) a company specialized in the PO TO TO TO TO C (hereinafter “D”) from around 201, performed research and development of a room for medical use in the “E” established as of June 14, 2012, where it was effective to stimulate the reproduction of cell cells around the room and halog generation, and where it was used to conduct so-called “FC” business registration and manufacture and sell medical rooms from April 5, 2017 to “F”.

Defendant C is the representative of the above E with children of Defendant B.

B. A business agreement between the Plaintiff and the Defendant B on June 2013 between the Plaintiff and the Plaintiff, Defendant B, a competitor, proposed G joint projects to the Plaintiff after retirement from D. On July 30, 2013, the following business agreements with the Plaintiff under the name of the E representative Defendant C (hereinafter “instant agreement”), and Article 3 among them “instant joint implementation agreements.”

AB concluded the agreement.

Items: G

2. E actively provides matters necessary for the Plaintiff to produce studs, such as manufacturing technology and production of studs, and the Plaintiff bears the direct costs and expenses, except for personnel expenses.

3. Joint expenses and joint expenses incurred in filing an application for related technologies and intellectual property rights shall be held in the name of the applicant;

6. Within five years of the Plaintiff’s cause attributable to the Plaintiff, E may notify the Plaintiff of the termination of the agreement and claim KRW 300 million of the penalty for termination of the agreement.

The requirements for termination.