A. The non-party C is a person engaged in the manufacturing and selling business of spacker C with the trade name of “D,” and the defendant B is the representative director of the defendant A Co., Ltd. (hereinafter “Defendant Company”) that is a company of the same business type, and registered the patent with respect to EF’s “the patent of this case” (hereinafter “the patent of this case,” and the claim 1, 5, and 7 related to the instant case, “claim 1, 5, and 7 of this case”).

B. On September 2010, Defendant B filed a complaint against Defendant B and filed a preservative measure and filed a lawsuit on the merits of the case, asserting that “F produced by C infringes on the patent of this case” and filed a complaint against C as a violation of the Patent Act (No. 2012 type No. 17037 of the Military Prosecutors’ Office within the District Prosecutors’ Office).

In addition, on December 8, 2010, Defendant B filed an application for provisional injunction against infringement of patent (U.S. District Court Branch No. 2010Kahap252, hereinafter “instant provisional injunction”) against C, and on February 16, 2011, Defendant B received a decision of provisional injunction partially from the above court, and completed the execution based on the above provisional injunction on February 25, 201.

After that, on March 25, 2011, Defendant B filed a lawsuit against C, claiming that “infringed products infringe on the invention Nos. 1, 5, and 7 of this case” and that “the patent infringement prohibition and the disposal of products, etc.” was sought as a lawsuit on the merits of the provisional disposition of this case (U.S. District Court Decision 201No. 2262, Jun. 262, 201; hereinafter “the instant lawsuit”).

On May 17, 2012, the court rendered a judgment citing the claim by Defendant B. On this basis, C appealed appealed (Seoul High Court 2012Na45889). On May 23, 2013, the appellate court accepted C’s appeal and rendered a judgment revoking Defendant B’s claim and rendered a judgment dismissing the claim by Defendant B. However, the Supreme Court dismissed Defendant B’s appeal.

Defendant B.