손해배상(기)
1. The plaintiff's claim that was changed in exchange in this court is dismissed.
2. The Plaintiff’s total costs of litigation.
1. Case summary
A. On September 2012, KONS Co., Ltd. (hereinafter referred to as “KONC”) requested the Plaintiff to develop radio frequency cycles (RF Moo, Frequcy Mole, hereinafter “RF Modle”) as part of the radio frequency transmitter and receiver at the radio transmitter’s radio frequency transmitter and receiver’s radio frequency transmission, expansion, and frequency transformation from the end of September 2012 to the end of September 2013, the Plaintiff directly raised the cost of developing the said RF Modr by directly raising the radio frequency from around September 2012 to September 2013.
B. On November 29, 2016, KON-Link was declared bankrupt by Suwon District Court 2016Hahap10042, and the Plaintiff reported the instant claim regarding KON-Link in the bankruptcy case on January 25, 2017.
[Ground for Recognition] Facts without dispute, Gap's statements in Gap's 1 through 5, 13 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination as to the cause of action
A. A. Around September 2012, 2012, KON-based claims for damages arising from violation of the Agreement on the Granting of Exclusive Production Rights (hereinafter “CON”) agreed to grant the Plaintiff the exclusive production right of the said RFr when the Plaintiff passed the certification procedure of the Japanese Soft Bank Company upon requesting the Plaintiff to develop the RFr. Accordingly, even though the Plaintiff’s development of the said RFrr at its own expense, KON-Link did not grant the Plaintiff the exclusive production right in violation of the said agreement, and directly produced and sold the RFrr using the Plaintiff’s technology. The Plaintiff, due to the KON-Link’s breach of the said Agreement, lost the opportunity to obtain development cost of KRW 143,76,565 and the technology user fee of KRW 211,025,760 in total, KRW 354,792,325 in total, and KRW 325,325,000 from the monopoly production, and thus, the Plaintiff is obligated to compensate the Plaintiff for the damage.