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(영문) 광주지방법원해남지원 2016.03.30 2015가합3468
손해배상(기)
Text

1. The Defendants jointly share to the Plaintiff KRW 400 million and the Plaintiff’s share to Defendant B from September 1, 2011.

Reasons

1. Facts of recognition;

A. Defendant C has a patent right related to the method of installing underground tunnel structures, such as F public law, G public law, H public law, and I public law, as the representative director of Defendant C Co., Ltd. (hereinafter “Defendant Company”).

Defendant E is responsible for collecting information, etc. on government-funded construction works, including non-scheduled construction works, from Defendant C’s children, and promoting them so that public law can be applied to design.

Defendant D is in charge of preparing and managing documents, such as an agreement with Defendant Company, a member company, and a technical support design agreement.

B. Defendant C, D, and E had a patent construction method, such as F&C, as an opportunity for Defendant C or the Defendant Company to hold in connection with the non-open construction work. The fact is not a specific construction that became final and conclusive by the patent construction method, but a new patent construction method was reflected in the design of a specific construction project.

Even though it is not guaranteed within the short period of time, even if there is no intent or ability to receive construction works from the victims even though it is not guaranteed by the association cost and design cost, it was intended to acquire them by receiving the association cost or design cost under the pretext that the patent construction method conducts as if it were reflected in a specific construction work and takes the construction work.

C. On October 2, 2006, Defendant C, D, and E made a false statement to the effect that “The Plaintiff would have subscribed to the M Association and N Association and will have the construction executed at latest within four months at the latest, at the time of the commencement of the construction work,” from the Defendant Company’s office located on the eightth floor of the Yeongdeungpo-gu Seoul Metropolitan Government J building through K. D.

Defendant C, D, and E respectively received 100 million won as the down payment from the Plaintiff on October 18, 2006, as the down payment for the Association expenses, and 100 million won as the down payment for the Association expenses on October 27 of the same year, and 200 million won as the part payment for the Association expenses on December 28 of the same year.

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