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(영문) 대법원 2015.10.15 2015다1284

집행판결청구

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The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the grounds of appeal on the scope of application under Article 217-2(1) of the Civil Procedure Act

A. Article 217-2(1) of the Civil Procedure Act provides, “Where a final and conclusive judgment, etc. on compensation for damages bring about a result significantly contrary to the basic order of the laws of the Republic of Korea or the international treaties concluded by the Republic of Korea, the court shall not approve all or part of the relevant final and conclusive judgment, etc.” This is a provision prepared to limit the approval of a final and conclusive judgment of a foreign court ordering payment exceeding the scope of compensation for damages, such as punitive damages, or of a judgment recognized the same effect (hereinafter “final and conclusive judgment, etc.”), and where the final and conclusive judgment, etc. of a foreign court orders compensation for damages actually suffered by the parties, its approval may not

B. Review of the reasoning of the lower judgment and the evidence duly admitted by the lower court reveals the following facts.

(1) The plaintiff is a patent of the United States (hereinafter referred to as the "US"), i.e., (1) the registration number 6,459,806 patent (hereinafter referred to as the "806 patent"), (2) the registration number 5,966,456 patent (hereinafter referred to as the "456 patent") as follows; (3) the registration number 5,909,503 patent (a patent as to the device method to promptly identify and rate the face value of the closed marry; hereinafter referred to as the "456 patent"); (4) the registration number 6,381,354 patent as to the method to identify the various face values of various patent countries; and (hereinafter referred to as "patent 354 patent").

. Machines which classify the coefficient of paper paper on the basis of this paragraph.