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(영문) 수원지방법원성남지원 2015.11.24 2014가합3982
손해배상
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff’s assertion is the cause of the instant claim, and the Defendant asserts that the Plaintiff suffered damages of KRW 500 million by selling or selling the pre-determined light or the core parts of the pre-determined light, which had the utility model right, and thereby infringing the Plaintiff’s utility model right. The Defendant sought compensation for damages against the Defendant.

2. The defendant's decision on the main defense against this safety defense is not his own person but C, and it is not his own person, and therefore his defense is not the defendant.

However, in a lawsuit for performance, since a person asserted as the performance obligor by the plaintiff has the standing to be the defendant, the defendant's defense is without merit.

3. According to the respective descriptions of evidence Nos. 1, 2, 5, 6, 8, and 9 as well as the overall purport of video and pleading, the Plaintiff and C

D. Application number E and registration number F (hereinafter “the instant utility model right”) and utility model rights (hereinafter “instant utility model rights”) relating to “the pre-liquor manufactured using the pre-line” were jointly filed. C around January 27, 2011, transferred the share of the instant utility model rights to the Plaintiff and the Plaintiff independently owned the instant utility model right; H, operating the Defendant and “G” around January 30, 201, having concluded a contract with H for sale of KRW 6.6 million for five pre-determined portion with H around January 30, 2012; KRW 6.6 million for five pre-determined portion; KRW 5,400,000 on June 25, 2012, the Defendant concluded a contract with H on June 28, 2012 for sale of KRW 60,000,000 for five pre-determined portion of the pre-determined portion to H, KRW 206,400,000,000 for supply of the pre-determined portion to H. 28.

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