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(영문) 서울중앙지방법원 2018.10.18 2017가합527686
손해배상(지)
Text

1. The Defendant’s KRW 22,00,000 as well as the Plaintiff’s annual rate of KRW 5% from December 5, 2017 to October 18, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is a party’s status 1) From B to February 19, 2010, the Plaintiff’s patented invention indicated in paragraph (1) of the “instant patented invention” (hereinafter “instant patented invention”).

(1) As to the instant patent invention, the term of licensing is from January 1, 2010 to December 31, 2020; and the patent invention described in attached Form 2 (2) of the instant patent invention on November 8, 2010 (hereinafter “instant patent invention”).

(2) As to the Plaintiff, the Plaintiff was granted an exclusive license with the implementation period from April 20, 2010 to August 9, 2027, respectively. The Plaintiff, based on each of the above exclusive licenses, produces and sells turfys by performing the patented invention Nos. 1 and 2 of this case. 2) The Defendant is a person who manufactured and sells golf course management products, etc. in the trade name “D” from August 2004.

B. On May 14, 2013, the Plaintiff filed a lawsuit against the Defendant for prohibition of infringement of patent rights and claim for damages against the Defendant, the Seoul Central District Court rendered a judgment in favor of the Defendant on September 4, 2014, partially citing the prohibition of infringement and claim for damages as to the above judgment under Seoul High Court Ordinance No. 2014Na203152, the lower court appealed on September 2, 2016 as Seoul High Court Decision No. 20148, Sept. 4, 2014; the lower court appealed on the above judgment as Seoul High Court Decision No. 2014Na203152, Sept. 2, 2016 (hereinafter referred to as “instant recommendation”). The lower court rendered a reconciliation recommendation order with the following content as to September 2, 2016 (hereinafter referred to as “instant reconciliation recommendation”). The lower court became final and conclusive.

St. St. L. L.S.

1. The defendant shall not manufacture, use, transfer, lease, export, import, import, offer for sale or lease, advertise, or exhibit each of the “Defendant’s implementation products” listed in the separate sheet.

However, the defendant is the defendant.

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