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(영문) 창원지방법원 2015.10.08 2014가합5128

직무발명보상금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant Company is a company with the objective of manufacturing steel products and beer export and import business, beering and related parts, and the Plaintiff is serving as a director at the Defendant Company around August 18, 2003.

On February 29, 2012, the retirement was made around February 29, 2012.

B. The Defendant Company, including the Defendant’s patent registration, received a patent registration or filed a patent application as shown in the attached Table 1 list while the Plaintiff was working for the Defendant Company, and the inventor or joint inventor is registered in the name of the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 7, Eul evidence 18, 19, 20 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The invention, such as the Plaintiff’s attached list 2, is an invention developed by the Plaintiff while in office in the Defendant Company, and the Defendant Company received patent registration under the name of the Defendant by succeeding to the above right to the invention, and thus, the Defendant is obligated to pay the Plaintiff KRW 1,731,228,80 as compensation for employee’s invention (i.e., compensation of KRW 30,250,214,80 as compensation for patent application KRW 30,277,764,00).

B. Although the Plaintiff was the person in charge of the damferer business department of Defendant Company as the inventor, the Plaintiff was an employee of the said department, the actual invention was made by the employees of the said department. Moreover, the inventions listed in the attached Table are made by imitateing overseas products, etc., and there is no newness or non-obviousness, and there is no exclusive benefit that the Defendant may obtain through the said inventions.

Therefore, the plaintiff's assertion is without merit.

3. Determination

A. Article 15(1) of the Invention Promotion Act provides that an employee shall have the right to obtain a patent, etc. or patent right, etc., if the employee, etc., succeeds to the employer, etc., or establishes an exclusive license in accordance with a contract or employment regulations, and Article 15(6) of the same Act provides that the employee, etc. shall have the right