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(영문) 서울고등법원 2017.07.21 2016나2084710

손해배상(기)

Text

1. The part against the plaintiff (Counterclaim defendant) among the part against the counterclaim of the judgment of the court of first instance shall be revoked, and the revoked part shall be revoked.

Reasons

1. Basic facts

A. The relationship 1 between the parties is that the Defendant, as a patentee of “B (Registration Number C)” and “D (Registration Number E), is a company Han Malman Co., Ltd. (hereinafter “ Han Mal”) while operating F.

(B) A set of time-line products (hereinafter referred to as “new products”) with raw materials from which royalties for the prevention of Daejeon were collected and using each of the above patent technologies, with a set of time-line products with a cover of the frame of melted softentened and the frame of the bundd part of the bundd part or the bundd part of the burd part of the burd part without any frame of the burd part.

product(hereinafter referred to as “repaired product”) repaired by means of melting, etc., damaged parts among the parts produced, supplied, or otherwise produced and supplied.

) Korea Ptepting Co., Ltd. (hereinafter referred to as “Korea Ptept pool”).

(2) The Plaintiff, who was granted a non-exclusive license on each of the above patent technologies by the Defendant, has supplied new products and repair products to the Korean Plet pool in the same manner as the Defendant.

B. On September 1, 2008, the Plaintiff entered into the instant supply contract between the Plaintiff and the Korean Ptept pool (hereinafter “instant supply contract”). On February 1, 2010, the Plaintiff entered into a pro rata purchase basic contract between the Plaintiff and the Korean Ptept pool with the content that the Plaintiff would supply the pro rata, which was requested by the Plaintiff, according to the changed unit price agreed upon by the separate agreement, with the products E21, E24, E24, EP4, and other Korean Ptept (hereinafter “instant supply contract”). On February 1, 2010, the Plaintiff entered into a pro rata repair contract with the content that the Plaintiff would pay for the items E24 to E21, E21A, E23, E24, EP4, EP4, and the content that the Plaintiff would request the Plaintiff to supply the new products and the repair products to the Korean Ptept pool (hereinafter the same).

Article 2 (Term of Contract) (1)