On December 2, 2009, the Defendant made an invention of “P” by applying and supplementing the content of the invention on “N” (registration numberO) patent holder by the victim company.

According to the Rules of Employment of the Victim Company, “a patent, etc. claimed through application, improvement, or technical supplementation on the basis of a patent right, utility model right, design right (hereinafter referred to as “patent, etc.”) owned by a company shall belong to the company and the patent, etc. so claimed shall belong to the company,” and “a member shall, without delay, report the patent, etc. to the representative director of the company as a report document and obtain approval.” If an employee of the victim company has made an employee invention, the victim company succeeds to the right to obtain a patent on the invention. As such, the employee who made the employee invention succeeds to the right to obtain a patent on the invention, and the victim company has a duty to inform the representative director

Nevertheless, on December 11, 2009, the Defendant did not notify the victim company of the completion of the employee invention as above, and the Korean Intellectual Property Office located in Seo-gu, Seo-gu, Daejeon, Seo-gu, Daejeon filed a patent application with the patentee to obtain the patent right for the aforementioned "P" as an employee invention in violation of the above occupational duties. On June 16, 2010, the patent with the Defendant as the patentee was registered (registration number).

Accordingly, the defendant acquired property benefits equivalent to the market exchange price in the amount of patent application of the above invention, and caused property damage equivalent to the same amount to the victim company.

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