Defendant

Friririness

Attorney Kim Kim-hoon

The defendant shall be innocent.

1. Summary of the facts charged

The Defendant is the representative director of Nonindicted Co. 5 (hereinafter referred to as “Nonindicted Co. 5”) established for the purpose of wholesale and retail business, etc. of air purification chemicals in the Hanam-si ( Address 1 omitted).

The Defendant, around December 2008, produced and supplied to Nonindicted Co. 6 without the consent of the patentee, at the lower-tier factory of Nonindicted Co. 5 (hereinafter “Nonindicted Co. 5”) located in the Republic of Korea (hereinafter “Nonindicted Co. 1”) in the name of Nonindicted Co. 1 (hereinafter “Nonindicted Co. 1”) operated by Nonindicted Co. 2 in the name of Nonindicted Co. 1 (hereinafter “Nonindicted Co. 1”) (hereinafter “Nonindicted Co. 1”) and registered to the Korean Intellectual Property Office (hereinafter “Nonindicted Co. 1”) a patent (patent number 1 omitted (hereinafter “the judgment of the Supreme Court”) in the name of Nonindicted Co. 1) in the name of the Korean Intellectual Property Office (hereinafter “Nonindicted Co. 1”), and supplied 253 kart storages containing air purification agents to Nonindicted Co. 5 without the consent of the patentee, as indicated in the attached list of crimes, from around October 2009, thereby infringing the patent right of the patentee.

2. Determination

A. Summary of the defendant's defense

The Defendant denies the facts charged by asserting that he was using a patent for air purification agents from Nonindicted 3, who was the wife of Nonindicted 2 and Nonindicted 2, and the former representative director of Nonindicted Company 1, was approved.

B. Determination

According to Non-Indicted 3 (part of the witness), Non-Indicted 7 and 8's each legal statement, Non-Indicted 2's partial statement in the second trial record, Non-Indicted 2's prosecutor's protocol of the defendant (including part of Non-Indicted 2's substitute part), part of the police protocol of the defendant's suspect interrogation protocol of the defendant, non-Indicted 2's prosecutor's protocol of statement, register of the register of the register of the public prosecutor's register (Evidence 2), patent register, utility model register, trademark register, and a statement prepared by Non-Indicted 3 (including attached materials, evidence list 16), documents submitted by the defendant's written statement (including attached materials, evidence list 20), a written statement prepared by the defendant (Evidence 47), a written statement prepared by Non-Indicted 3 on August 26, 2008, a written confirmation written by Non-Indicted 3 (Evidence 1 and hereinafter the same shall apply), etc., the following facts are acknowledged:

① Circumstances leading to the establishment of Nonindicted Company 1 and the change of its representative director

Nonindicted Company 1 was established on December 22, 2001 for the purpose of manufacturing chemical substances using biological engineering. The location of its head office from around August 16, 2003 to around August 2003, Nonindicted Company 1 was the fourth floor of Seongdong-gu Seoul ( Address 2 omitted), Nonindicted Company 2 was appointed as a director of Nonindicted Company 1 on May 26, 2003, around August 2008, and Nonindicted 3, the wife of Nonindicted Company 2, was appointed as the representative director from around December 22, 2004 to December 22, 2007, and was sent from around March 24, 2008 to August 20, 2008.

(2) Registration of patents, etc.

On August 31, 200, Nonindicted 3 registered as the right holder, and on June 3, 2003, the right was transferred to Nonindicted Company 1 on the patent number (patent number 2 omitted), Nonindicted 2 registered as the right holder on July 31, 2006 with respect to the high molecular air purification products of the patent number (patent number 2 omitted), and with respect to the device for air purification equipment of the registration number (registration number 3 omitted), May 3, 2005 for the device for the registration number (registration number 4 omitted), with respect to the trademark “high xypia” of the trademark (registration number 4 omitted), the registration number of the trademark (registration number 5 omitted), as to the trademark “Oxy Pia” of the registration number (registration number 5 omitted), the registration number of Nonindicted Company 2 was registered as the right holder on September 1, 2006 for each of the right holder on September 1, 2006.

③ Borrowing of money from Nonindicted 2’s Defendant and offering of security, etc.

On the other hand, around March 23, 2007, Non-Indicted 2 borrowed the amount of KRW 300 million from the defendant to use for the operation fund of Non-Indicted 1, as the maturity date on June 22, 2007, in order to secure its repayment, and transferred to the defendant a claim of KRW 320 million against Non-Indicted 1's non-Indicted 9 corporation on the same day, and around that time, issued the documents necessary to create the right to collateral security on the real estate owned by Non-Indicted 3 with a seal imprint affixed thereon. On April 3, 2007, Non-Indicted 2 made a promissory deed of KRW 420 million with the issuer as non-Indicted 1, 2, and 333.

④ The reason why Nonindicted 2 et al. damaged the Defendant’s security right and the reason why Nonindicted 2 et al. exclusive license was granted.

Nonindicted Co. 1 directly collected the Defendant’s claim KRW 320 million against Nonindicted Co. 9, which was transferred to the Defendant. In addition, Nonindicted Co. 3, on June 14, 2007, registered the establishment of a mortgage of KRW 1170 million with respect to the Seoul ( Address 3 omitted) owned by Nonindicted Co. 3, which was scheduled to create a collateral security, to the financial institution on June 14, 2007, and the total amount of Nonindicted Co. 2 and Nonindicted 3’s debt was KRW 8.15 billion with respect to July 2007.

Accordingly, Non-Indicted 2 established an exclusive license for air purification chemicals patents on October 9, 2007 and around that time, Non-Indicted 2 established an exclusive license for the device of air purification, the trademark of "high oxygen", and the exclusive license for the trademark of "Oxypia" for the device of air purification, and each "Oxypia" for the defendant who demanded a new security. However, the defendant decided not to use the exclusive license for air purification chemicals without the consent of Non-Indicted 1 in obtaining the exclusive license, etc. for air purification chemicals.

⑤ Actual discontinuance of operation of Nonindicted Company 1

However, as Non-Indicted Party 1 paid the enemy since April 2008, it was impossible to pay wages to the employees of Non-Indicted Party 1 from around April 2008, and since the accident occurred on July 16, 2008, Non-Indicted Party 1 was injured by two workers of Non-Indicted Party 1, but there was no ability to pay the medical expenses, etc., from July 2008.

6. The background leading up to the proposal made around July 20, 2008 by Nonindicted 2 and Nonindicted 3

Accordingly, around July 208, 2008, Nonindicted 2 and Nonindicted 3 made the following proposals to the Defendant (hereinafter “ proposals”) but the Defendant rejected them on or after the end of July 2008.

The Defendant and Nonindicted Party 10 million won included in the text of this Act are invested in each KRW 600 million, and their shares are to be 40% of the children of Nonindicted Party 2, and the Defendant and Nonindicted Party 10, respectively, have 30% shares. However, if Nonindicted Party 10 did not consent to the investment, the Defendant paid it in lieu of the Defendant, thereby holding the shares of Nonindicted Party 10, and resolving the amount of KRW 20 million for the treatment expenses of two workers injured by the accident in the outbreak of an accident, and KRW 20 million for the debt of Nonindicted Party 11 and KRW 20 million for the debt of Nonindicted Party 11 (see, e.g., Investigation record 169 pages).

7) The proposal made around August 10, 2008 by Nonindicted 2 and Nonindicted 3 and the preparation of the letter of confirmation on August 22, 2008

On the other hand, on August 8, 2008, the Defendant applied for an auction of the movable property owned by Nonindicted Company 1 based on the Notarial Deed of Promissory Notes.

In addition, around August 10, 2008, Nonindicted 2 and Nonindicted 3 again proposed the same contents as the proposal to the Defendant on or around July 20, 2008, but the Defendant did not consent thereto. On August 22, 2008, Nonindicted 2 and Nonindicted 3, as the representative director, etc. of Nonindicted Company 1, prepared a written confirmation (see, e.g., the Investigation Record 132 pages) stating that “The Defendant shall perform the overdue payment and other obligations with the disposal amount of Nonindicted Company 1’s corporeal movables (the seized equipment and inventory quantity), and the remaining amount and shortage amount, in the capacity of Nonindicted Company 1’s representative director.”

8. Transfer of production facilities by Nonindicted Company 1

On August 26, 2008, Nonindicted Co. 1 transferred production and inventory of Nonindicted Co. 12 and 8 (hereinafter “Nonindicted Co. 12 and 8”) Nonindicted Co. 1, a worker of Nonindicted Co. 1, to the Defendant, for the payment of KRW 96,970,630 for the accounts payable of wages, etc., 96,970,630. On the same day, Nonindicted Co. 12 and 8 transferred the production and inventory of Nonindicted Co. 1’s products that were taken over from Nonindicted Co. 1 to the Defendant.

① Nonindicted 3’s proposal process on August 26, 2008

On August 26, 2008, Non-Indicted 3 again made a proposal to the Defendant that the Defendant would use the air purification system patent until he was paid the above loan claims (see, e.g., evidence 1).

(10) Notification, etc. of the defendant's exclusive license to purify air;

On the other hand, at the meeting room of Nonindicted Co. 1 on September 4, 2008, Nonindicted Co. 2 talked that Nonindicted Co. 12 and 5 workers exceeded the right to operate the business of Nonindicted Co. 1 to the Defendant, and on September 5, 2008, the Defendant sent to Nonindicted Co. 2 the representative director of Nonindicted Co. 1’s company “to use the exclusive license for air purification system patents, etc. from September 8, 2008 to exercise the right of security because Nonindicted Co. 1 neglected to pay its obligations to the Defendant,” and moved to the subordinate factory of Nonindicted Co. 5, a sub-factory of Hanam, which will establish the future production facilities and office fixtures, etc. of Nonindicted Co. 1 on September 9, 2008.

Before the directors as above, Nonindicted 2 moved to a lower-tier factory of Nonindicted Company 5, along with Nonindicted 8, who is an employee of Nonindicted Company 1, the Defendant and Nonindicted Company 1.

1) Operational circumstances, etc. of Nonindicted Company 5 and Nonindicted Company 13

After that, the Defendant established Nonindicted Co. 5 on September 29, 2008, and then succeeded to the entire employees of Nonindicted Co. 1, to supply products produced by using air purification chemical patents to Nonindicted Co. 14, while the Defendant was responsible for the total amount of hospital treatment expenses for two workers hospitalized in the injury due to the outbreak of accidents.

On September 26, 2008, Nonindicted Co. 2 and Nonindicted Co. 3 established Nonindicted Co. 13 for the purpose of research, development, manufacture, and distribution of solid oxygen, and at the latest around November 2008, Nonindicted Co. 5 knew that he would produce a product using a patent for air purification, and supply it to Nonindicted Co. 14 even though it was similar to the product produced by Nonindicted Co. 5 from around December 2008.

Accordingly, the Defendant filed a civil petition with the Fair Trade Commission regarding the supply of products to Nonindicted Co. 13 Co. 14.

(12) Transfer of the exclusive license of the defendant and details of the complaint by non-indicted 1

On March 27, 2009, the Defendant transferred his exclusive license to Nonindicted 4 for his air purification system patent, and Nonindicted Company 1 filed a complaint on the ground of infringement of air purification system patent only after the date on April 23, 2009.

In light of the above circumstances, namely, the process that the defendant acquired the production facilities of Nonindicted Company 1, which can be used exclusively for the production of the product using the patent for the air purification system, the process of acquiring the production facilities of Nonindicted Company 1, and the degree of monetary burden in the process, the defendant's notification of the use of the patent for the air purification system, the defendant's establishment and supply of products by Nonindicted Company 13, such as Nonindicted Company 5 and Nonindicted Company 2, and the circumstances surrounding the subsequent dispute and the developments leading up to the instant complaint, etc., it is insufficient to recognize that the defendant infringed on the patent right for the air purification system of Nonindicted Company 1, such as the defendant's written statement on the part of Nonindicted Company 3, the witness's written statement in the second written protocol, the part of the prosecutor's interrogation of the defendant's suspect interrogation of the defendant, the part of the police protocol on Nonindicted 2, the part of the preparation of Nonindicted Party 3, and the written statement

3. Conclusion

Therefore, since the facts charged in this case constitute a case where there is no proof of facts constituting the crime, it is decided as per Disposition by the decision of not guilty against the defendant under the latter part of Article 325 of the Criminal Procedure

[Attachment]

Judge Dok-be