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(영문) 서울중앙지방법원 2017.04.06 2015가합548238

특허권이전등록절차이행

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1. The plaintiff's main claim is dismissed.

2. The Defendant: KRW 11,539,393 on April 22, 2016 on the Plaintiff and its related thereto.

Reasons

1. Basic facts

A. The Plaintiff worked as vice president in Nonparty C, a non-party corporation that manufactured heating apparatus and operated wholesale and retail business, and left the Plaintiff at the end of July 201, and subsequently, decided to operate D and boiler (Energy) businesses, a representative director of the Defendant.

B. Accordingly, the Defendant, who was the main business of selling steel products, newly established the boiler business unit (energy) (in the corporate register column on July 28, 201, adding “he manufacturing and wholesale business of heating apparatus” to “heating and wholesale business”). On September 1, 201, the Plaintiff, who was employed by the Defendant and worked as the president of the boiler business unit, who was in exclusive charge of the duties of the said business unit, was in conflict with D.

The Plaintiff finally retired from the Defendant on April 25, 2014, when there was a dispute over compensation for boiler projects using each of the instant patents.

C. While working for the Defendant, the Plaintiff filed an application for registration of each patent on the invention related to heating apparatus product (hereinafter “instant patent invention”) as indicated in the attached Table as follows.

(hereinafter referred to as “each patent of this case”). The name of the inventor of the registration number on the date of the filing date of the patent application, and the inventor, 1 EF GH Plaintiff 2 EI JK Plaintiff

D. From the mid-2012 when each of the instant licenses was first registered, the Defendant commenced manufacturing and selling business by supplying heating apparatus products using each of the instant patents to the Public Procurement Service. On February 28, 2014, the Administrator of the Public Procurement Service designated the Defendant as an excellent product.

E. On July 30, 2014, the Defendant: (a) registered each non-exclusive license with respect to each of the instant patents to Nonparty L Co., Ltd. (D’s establishment on November 8, 2012; hereinafter “L”); and (b) supplied L with each of the instant patents to the Public Procurement Service from around November 2015.

F. On the other hand, the defendant does not have any internal regulations on the employee's invention.