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(영문) 특허법원 2017.02.02 2016허9714
청구이의
Text

1. The Defendant’s decision on the amount of litigation cost determined on August 1, 2016 by the Patent Court of Korea against the Plaintiff is based on the determination of the amount of litigation cost.

Reasons

1. Facts of recognition;

A. On August 1, 2016, the Patent Court rendered a decision that “The Plaintiff’s reimbursement to the Defendant regarding the registration invalidation case is KRW 10,034,780,” and the decision became final and conclusive around that time.”

B. On November 3, 2016, the Seoul Western District Court commenced a compulsory auction procedure for the real estate owned by the Plaintiff on the motion of the Defendant based on the determination of the amount of the above litigation costs.

C. On December 16, 2016, the Plaintiff: (a) was the Defendant; and (b) deposited the cause of the deposit as the repayment of the obligation based on the final decision of the amount of the said litigation costs; (c) the Daejeon District Court Branch of the Daejeon District Court deposited KRW 10,034,780 with the amount of KRW 599 in 2016.

After that, the Plaintiff filed an application with the Patent Court for the suspension of execution with respect to compulsory execution based on the final decision of the amount of litigation costs as above, and this Court decided on January 3, 2017 that “the compulsory execution based on the final decision of the amount of litigation costs shall be suspended until the final decision of this case is rendered.”

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the above findings of the determination, the Defendant’s claims against the Plaintiff based on the decision of determination of the amount of litigation costs in accordance with the Plaintiff’s repayment deposit are all extinguished. Therefore, compulsory execution should be dismissed accordingly.

3. In conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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