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(영문) 서울중앙지방법원 2012.10.12 2011가합45502 (1)

손해배상(기)

Text

1. As to the Plaintiff KRW 80,954,895, out of the amount of KRW 164,058,655 and the above amount, the Defendant shall be from April 1, 2011 to KRW 77,199.

Reasons

1. Basic facts

A. The Plaintiff is a medical specialist outside the fixed term, and the Defendant was established on August 21, 1997 and engaged in the manufacture and distribution of medical devices.

B. On November 1, 2001, the Plaintiff entered into a technical consultation agreement with the Defendant on the development of medical appliances (hereinafter “C products”) with respect to spine solid devices developed by the Plaintiff, the Plaintiff entered into a technical consultation agreement with the Defendant on the following terms:

(A) - The term “company” is written by the Defendant and the “arr” as the Plaintiff; hereinafter referred to as “instant technical advisory agreement”). - A.I.D. -

1. 1) "Items" means the Spinal Investment Co., Ltd. developed through joint research conducted by the adviser, the Company and any third party after November 1, 2001. 2) "Improvement" means technical information or any alteration of the technical information or any other information applicable to the subject item, as proposed by the adviser, either independently or jointly by the consultant, or by the consultant,.

3) The term “net sales amount” means the amount obtained by deducting the bill of exchange discount, refund commission, transportation fee, insurance premium, and returned price from the amount in which the company sells the product. The term “sales point” means the time when the company receives sales amount from the purchaser when the company was sold by the exclusive licensee of the company. 4) The term “technical information” means any research and development information, patent, patent, patented invention, know-how, trade secret and technical data related to the product directly owned by the adviser or consulted by the adviser during the term of the contract.

5) The term “joint advisers” means D and E under a development agreement for the development of company brand, one of the existing product subject to C (Pedicles and Hok system) and any individuals and organizations added thereafter.