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(영문) 광주지방법원 2014.11.27 2012가합51976
원상회복의 청구
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On April 5, 2007, Plaintiff A and the New Village Construction Co., Ltd. (hereinafter “New Village Construction”) entered into a contract with Plaintiff A for the feasibility study and the basic working design and service of the sewage sludge treatment facilities producing soil similar to soil (hereinafter “this case’s treatment facilities”) by adding and mixing slurines generated in the process of clean treatment of sewage and livestock wastewater into a sludge in order to reuse them as soil in the landfill site.

B. On November 1, 2007, the Defendant concluded a contract with C Co., Ltd. (hereinafter “C”) on the delegation of the authority to use new technology and the Convention with respect to the construction of the instant disposal facilities, which delegated only to the construction of the instant disposal facilities, for the purpose of reducing the generation of cancer by accelerating sewage, which is a public method applicable to the instant disposal facilities, and for daily and intermediate soil recycling technology (patent number D, new technology E of the Ministry of Environment; hereinafter “instant patent construction method”).

C. On November 14, 2008, Plaintiff A-gun entered into an agreement on the use of new technology (Evidence 7) with which it shall apply the patent construction method of this case to the construction work of the instant disposal facility, and on December 5, 2008, the company selected as a successful bidder entered into the agreement on the use of the patent construction method of this case with C and the aforementioned construction contract.

On December 22, 2008, Namyang Construction Co., Ltd. (hereinafter referred to as "Namyang Construction Co., Ltd.") awarded a contract with Plaintiff A for the installation of the instant disposal facilities, and on the same day, C and the Defendant used the instant patent construction method for the installation of the instant disposal facilities, and the design amount for machinery construction and trial operation to which the patent construction method of this case applies to the Defendant.

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