손해배상(기)
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is the E’s reference, the representative director of D Co., Ltd. (hereinafter “D”) for the purpose of manufacturing, selling, etc. commercial washing machines, and is the actual manager of D. Defendant B is a person who has worked from D as vice president, and Defendant C is a business entity that manufactures and sells hot water and heat supply devices with F’s trade name.
B. Defendant C developed a hot water and heat supply device that has the effect of raising the energy efficiency of commercial food washing machines by burning gas fuel instead of finter using electricity in the building book of commercial food washing machines, and thereby raising the energy efficiency of commercial food washing machines, and acquired H patent I (hereinafter “instant patent”).
C. The Plaintiff and the Defendants agreed to create a commercial washing machine subject to the instant patent and sell it during the market. Accordingly, the Plaintiff and the Defendants concluded an agreement on the supply of goods (i.e., monopoly) on May 23, 2014 (hereinafter “instant agreement”), and the main contents thereof are as follows.
In promoting the commercialization of patent technology held by B, D (hereinafter referred to as "A") and F (hereinafter referred to as "B") with respect to the supply of goods shall be the following cooperative key:
Article 1 (Purpose) B is to commercialized the patent technology owned by Eul, and the Gap applies Eul's products to commercial food washing machine to manufacture and sell them, thereby securing the exclusive advantage of "energy-saving products" and securing the competitiveness in the market.
Article 4 (Matters of Cooperation of each Party) The scope of services to be performed by both Parties upon this consultation shall be as follows:
1. A shall be the account designated by B at the same time as a monopoly contract for the commercialization of the patent technology he holds with B, under the pretext of the production cost for commercialization of the patent technology he holds.