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(영문) 서울고등법원 2012.09.19 2010나72412

손해배상(기)

Text

1. The appeal by the plaintiff (the intermediate confirmation plaintiff) and the claim by the plaintiff (the intermediate confirmation plaintiff) expanded in the trial are dismissed, respectively.

Reasons

1. Basic facts

A. Defendant E Co., Ltd. (the trade name before the alteration was changed to “F,” a stock company, which was changed to the current trade name on August 22, 2007; hereinafter “Defendant Company”)’s status as the Defendants is a company established by Defendant B around December 21, 2002, whose main purpose is manufacturing and selling echemical analysis devices, solar power generation industry, etc.

Defendant B, C, and R (former names: D) worked for the representative or director at the Defendant Company as indicated in the following table:

Director from December 21, 2002 to December 21, 2005 from December 21, 2005 to August 22, 2007, director 2C from December 21, 2005 to December 22, 2007, from December 21, 2002 to December 21, 2005 from December 21, 2005 to August 22, 2007, the representative director from August 22, 2007 to 3R from August 22, 2007 to December 21, 2005.

B. (1) The Defendant Company’s business implementation 1) While the Defendant Company established the Defendant Company on December 21, 2002 and was running an analysis device development project, Defendant B was expected to implement solar power generation business from around December 2004 as its main business, and the development project for solar power generation facilities by employing research human resources, including G, (hereinafter “instant project”).

The Defendant B, etc., filed an application for a patent for the solar power dice and dial device on September 9, 2004, and filed an application for a patent for the solar power dial device on February 3, 2005. (2) However, since around February 2005, the Defendant Company had experienced financial difficulties due to personnel expenses and development costs, etc. for the instant project from around February 2005, and the Defendant Company had drawed its investing sources.

3) Accordingly, around August 24, 2005, the Defendant Company entered H as the vice president in charge of attracting investment in the instant business and raising funds, and the Defendant Company is limited to the Defendant Company I (hereinafter “I”) with whom H as the representative director on September 25, 2005.

Between A and B, I performs the sale of the instant business on behalf of the Defendant Company externally, and if I performs the said sale work, the Defendant Company shall have I perform the said sale work.