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(영문) 수원지방법원 2016.10.25 2015가합62510
손해배상(기)
Text

1. Defendant B’s KRW 245,33,600 as well as 5% per annum from March 19, 2015 to October 25, 2016 to the Plaintiff.

Reasons

Facts of recognition

The plaintiff is a juristic person engaged in the manufacture and sale of medical supplies, and the defendants are in marital relations.

From November 25, 2006, Defendant C registered as the representative of D for the business of manufacturing automated machines, and D was closed on March 31, 2012.

In addition, on April 1, 2012, Defendant B opened the business of manufacturing automated machines with its representative as its representative.

On August 19, 2010, the Plaintiff and Defendant B heard from D with regard to the instant Section 1, which was produced by the Plaintiff with regard to the instant Section 1, by mixing them with the broadband or standard-type broadband, but they are listed as the broadband-type broadband in terms of convenience.

밴드 제조기(이하 ‘이 사건 제1 기계’라고 한다)를 2억 원에 제작공급받는 계약을, 2011. 10. 31. 원고가 D으로부터 스팟(Spot)형 밴드제조기(이하 ‘이 사건 제2 기계’라고 한다)를 2억 2,500만 원에 제작공급받는 계약을 각 체결하였다.

On the other hand, the contract for the manufacture and supply of machinery of this case 1 and 2 was signed and sealed by Defendant C as the representative, and Articles 17(2) and (3) and 18(2) of the above contract included the following specifications.

Article 17 (Maintenance of Confidential Information) Paragraph 2 D of Article 17 (Maintenance of Confidential Information) shall not divulge to a third party any facilities and all matters produced from D, and shall not manufacture the same facilities for use to a third party other than the plaintiff.

Paragraph 3 (3) and D shall have the obligation under the preceding paragraph after the termination or cancellation of the contract as well as during the contract period, and shall compensate the other party for all damages in violation of this provision.

Article 18 (Execution and Application of Industrial Property Rights) Paragraph 2 D of Article 18 (Execution and Application of Industrial Property Rights) intends to acquire industrial property rights under joint research or guidance and provision of ideas with the Plaintiff during the term of this contract and even after the expiration or cancellation of the contract.

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