손해배상(기)
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. The reasons for this Court regarding this case are as follows. The reasoning for this Court is as to the assertion added by the plaintiffs in the trial of the court of first instance, which is the same as the entry of the reasons for the judgment of the court of first instance, and thus, it is accepted by the main text of Article 420 of the Civil Procedure Act.
2. Additional determination
A. The plaintiffs' assertion 1) The defendant agreed on June 2006 to implement the registration procedure of transfer under the plaintiffs' names with respect to the patent rights and trademark rights of this case (hereinafter "the agreement of this case")
(2) On October 28, 2009, the Defendant had a duty to compensate the Plaintiffs for damages due to the nonperformance of the instant agreement. (2) Around 2006, the Defendant transferred the patent and trademark rights to the Plaintiffs without permission, and returned part of the patent rights and trademark rights between them. On October 28, 2009, the Defendant sent a certificate of content to the effect that the Plaintiff Company would return the patent rights and trademark rights of this case if repayment of the Plaintiff Company’s debt amounting to KRW 270 million was made. Accordingly, at that time, the Defendant approved the obligation under the instant agreement or the liability
Therefore, the claim or damage claim of the plaintiffs under the agreement of this case was not extinguished by prescription.
B. Determination 1) According to Gap evidence Nos. 36 (including a serial number), the plaintiff company may recognize that part of the patent right was registered under the name of the defendant on May 24, 2005, and that it was returned on or around 2006. However, it is insufficient to recognize that the defendant agreed to transfer the patent right and the trademark right of this case to the plaintiffs, and there is no other evidence to recognize that there was no other evidence. 2) Furthermore, although the defendant expressed his intent to transfer the patent right of this case and the trademark right of this case upon repayment of the plaintiff company and the debt, it merely approved the agreement of this case or the compensation liability of this case.