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(영문) 인천지방법원부천지원 2015.09.16 2014가단46589
손해배상(기)
Text

1. The Defendants jointly share KRW 5,00,000 with respect to the Plaintiff, and 5% per annum from August 1, 2012 to September 16, 2015.

Reasons

1. Basic facts

A. From November 2008, Defendant B imported absorptions from Mexico Co., Ltd. in Japan (hereinafter “Mexico”) (in order to prevent the network’s body from being leaked out of body; hereinafter “Defendant B’s products”) in the name of “D” (hereinafter “Defendant”) from around 2009, and sold it to the domestic funeral hall in the name of “D” (hereinafter “Defendant”) from around May 2009. Defendant C joined the Defendant Company and was in charge of its business from around that time.

B. On January 201, 201, the Plaintiff developed and applied for a patent for a system for blocking liquid liquids (hereinafter “Plaintiff’s product”) and sold it to the funeral hall, etc. with the trade name “E” from that time. The Plaintiff’s product is similar to the Defendant’s product in terms of its composition, appearance, structure, etc.

C. On April 28, 201, the Defendants sought the Plaintiff’s product provided as a sample to a funeral hall, etc., and conducted a comparative experiment on the Plaintiff’s and Defendant’s product’s water absorption capacity, and determined that the Defendant’s product has a superior water absorption capacity than the Plaintiff’s product.

Around May 20, 201, Defendant B requested an experiment on the absorption performance of the Plaintiff’s and Defendant’s products to the professor G of the Japanese F University, and received a test report from the said professor to the effect that the absorption performance of the Plaintiff’s products is more than about 1/3 to 1/2 of the Defendant’s products.

E. Defendant B had Defendant C use the results of the above self-testing and the results of the experiment request for business as a result, and Defendant C used the product for business around June 201, based on the foregoing data, indicated the Plaintiff’s product as “fluort similar goods”, “fluort goods” and “fluort goods”, “acquisition of Japanese and Korean international patent” and “fluort goods” and “1. Fluort goods” as they considerably fall in the absorption capacity compared to the fluort goods.

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