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(영문) 서울남부지방법원 2015.02.10 2013가합106841

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a person who manufactures and sells the ED (U.S.) lighting equipment for vehicles under the trade name of “B (B Nos. 7, 8, and 12)” (B).

1) The Defendant shall designate the Plaintiff as the sole exclusive seller of the lighting fixture produced by the Defendant. 2) This Agreement applies to the goods sold by attaching “Lazer Star”, which is the Plaintiff’s trademark, in the discharge of the United States and its affiliated territories.

3) In terms of the minimum order quantity under this contract, the Plaintiff purchases from the Defendant goods equivalent to USD 200,000 (hereinafter “$”) on two occasions during June and July 201, both of which are equivalent to USD 200,000 (hereinafter “$”). The contract term shall be three years, but may be extended upon the consent of both parties.

B. On April 21, 2011, the Plaintiff and the Defendant concluded a contract under which the Plaintiff supplied the lighting fixtures produced by the Defendant and exclusively sells them in the U.S. (hereinafter “instant contract”).

C. The Plaintiff received an order for lighting fixtures from each Defendant on April 16, 2012, June 25, 2012, and September 6, 2012.

On the other hand, Nonparty 1, a U.S. corporation, filed a lawsuit with the U.S. District Court of Washington on February 6, 2013 demanding the prohibition, etc. of its sale on the ground that Nonparty 1’s U.S. patent right (patent registration number No. 8,277,077; hereinafter “07 patent”) infringes on the part of the cryp of lighting fixtures supplied by the Defendant (referring to the product indicated as “Manart 1” in the attached Form; hereinafter “Manart 1”).

E. On November 2, 2012, the Defendant asserted that the non-party company infringed upon the company’s license as above, the Defendant was entitled to the instant exhibition “the instant exhibition”, which was held in the U.S. on or around November 2, 2012, for the promotion of SMA shock Specity Equi Management.

other. to substitute Emerpt 1.