손해배상
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. On January 30, 2012, the Plaintiff, along with C, sold five parts of the pre-existing line, which was registered as a utility model to the Defendant. Around January 30, 2012, the Plaintiff agreed with the Defendant to receive KRW 30 per 30 on the pre-existing line from the Defendant (the instant agreement). The Defendant paid only the pre-existing portion on May 1, 2012 and the pre-existing portion on June 1, 2012, and did not pay royalties generated between July 1, 2012 and December 30, 2013. Accordingly, pursuant to the instant agreement, the Defendant primarily asserted that, pursuant to the instant agreement, the Plaintiff was liable for damages arising from an infringement of the Plaintiff’s utility model right, the Defendant is obligated to pay the Plaintiff the portion of the pre-existing line equivalent to the Plaintiff’s damages incurred during the aforementioned period x 15,525,00 won x 100 x 250 x 10 x 10
According to the purport of the entire pleadings in each of the statements Nos. 1, 2, 3, and 1, 2-1, and 2-1, and 2 of the evidence Nos. 1, 2012, the Defendant entered into the instant agreement with the Plaintiff and C around January 30, 2012, and paid KRW 7.20,00 won as a heat for May 30, 2012 and 6.30,000 won as a heat for June 2012 according to the said agreement. However, even though the evidence submitted by the Plaintiff is recognized, it is insufficient to recognize that the Defendant manufactured and sold the storm line using the storm line purchased from the Plaintiff and C during the period from July 1, 2012 to December 30, 2013, and there is no other evidence to acknowledge it otherwise. Thus, the Plaintiff’s aforementioned assertion on this premise is without merit.
2. In conclusion, the plaintiff's claim of this case against the defendant is dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.