손해배상(기)
1. As to the Plaintiff, Defendant B shall be KRW 10,300,000, Defendant C shall be KRW 10,000,000, and each of the above amounts, Defendant B shall be liable for the payment on December 2, 2015.
1. Basic facts
A. On December 2014, the Plaintiff proposed that the Defendants develop, manufacture, and sell the heating container “D” (hereinafter “instant product”) from the Defendants (hereinafter “instant product”) (hereinafter “instant business”). Around December 2014, the Plaintiff would proceed with the instant business along with the Defendants.
B. The Plaintiff bears all expenses for the instant project, including the production of gold-type and various facilities, and the Defendants provided the manufacturing technology of the instant product.
The Defendants filed a patent application with respect to the technology related to the manufacturing of the instant product at the expense of the Defendants on November 2014, and registered E and F as a patentee related to the manufacturing of the instant product.
C. On January 1, 2015, the Plaintiff paid each of the Defendants KRW 5 million to Defendant B, KRW 5.3 million to Defendant B on February 3, 2015, and KRW 5 million to Defendant C upon request by the Defendants.
After the patent related to the manufacturing of the instant product was registered E, the Plaintiff and the Defendants discussed the main body of the business operation of the instant product and the distribution of profits, etc. on or around March 2015, but did not narrow different opinions and suspended the business of the instant case.
[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1 and 5 (including additional number), the purport of the whole pleadings
2. The assertion and judgment
A. 1) The Defendants asserted in collusion with the Plaintiff who did not have knowledge of the instant product, and make a false statement as to the date of enormous profits, and let the Plaintiff believe that it would incur a total of KRW 164,196,253 in connection with the instant business, and let the Defendants lend a total of KRW 20,300,000 to the Defendants. Therefore, the Defendants are jointly and severally liable to pay the Plaintiff the total of KRW 184,496,253 in compensation for damages incurred by the said tort, as seen above, and delay damages incurred by the Plaintiff. 2) The Defendants are aware of the Plaintiff as alleged by the Plaintiff.