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(영문) 울산지방법원 2014.10.15 2013가단18898

손해배상금 등

Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 6,177,600 against the Defendant (Counterclaim Plaintiff) and its related amount from December 16, 201 to October 15, 2014.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. On May 17, 2010, the Plaintiff and the Defendant provided the Defendant with the patent, utility model, design, etc. related to the Mandole owned by the Plaintiff, and the Defendant entered into an agreement with the Public Procurement Service to register in the three unit price contract and produce Mandole registered (hereinafter “instant production agreement”), and the main contents are as follows.

1. The Plaintiff provides the Defendant with a patent, utility model, design, etc., and establishes a business, public relations, and sales network under the Plaintiff’s name to fully realize production and profit-making.

2. The defendant shall register the plaintiff's main metal man's product with the third party unit price contract in the name of the defendant's company.

5. The defendant's production of the plaintiff's product, and the amount shall be determined by mutual agreement between kg parties.

9. The Plaintiff shall pay the remainder of the Plaintiff’s product produced by the Defendant, except the cost of manufacturing kg.

11. The defendant's expenses of penalties are borne by the defendant in order to produce the defendant's product.

12. The above agreement period shall be from May 2010 to May 2020.

13. The defendant shall observe the manufacturing date requested by the plaintiff.

B. Around October 2010, the Plaintiff handed over to the Defendant a set of man-made man products (contested with upper and lower parts) used in automatic production royalties. On March 201, the Defendant: (a) registered class 36 of man-made man products requested by the Plaintiff on the B website operated by the Public Procurement Service (hereinafter “public procurement registration”); and (b) registered class 36 man-made hand-made goods (hereinafter “instant registered products”).

C. The registration of the procurement of the Defendant’s name was not renewed on June 201, and was deleted as it is.

On the other hand, in order to register and renew the procurement of the registered product of this case, documents confirming the results of direct production and sale of the product of this case, namely, direct production confirmation and the supply room staff of the product of this case

[Reasons for Recognition] There is no dispute, Gap 2, 10 evidence, and others.