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(영문) 광주고등법원(전주) 2017.08.10 2016나13128
손해배상(지)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for the addition of the following '2. Additional Judgment' as to the assertion that the plaintiff added or emphasized by this court, and therefore, it is identical to the reasons for the judgment of the court of first instance. Thus, it is cited as it is in accordance

(다만, 제1심 공동피고 C 주식회사에 관한 부분은 제외한다). 2. 추가 판단 ◎ 제1심 판결 제2의

B. (1) The following is added to the following (the seventh 14th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th) of the Plaintiff’s patent infringement period (the determination of damages under Article 128(3) of the former Patent Act) for the Plaintiff’s patent infringement period (36 months from November 19, 2013 to November 9, 2016, which is the date the first st th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th

In addition, due to the infringement of the patented invention of this case by Defendant B, the Plaintiff failed to supply the machinery using the patented invention of this case to Co-Defendant C Co-Defendant C of the first instance trial, thereby causing damages equivalent to the above ordinary working fee of KRW 116,129,032, which is equivalent to the above ordinary working fee, and thus, Defendant B Co.,

Therefore, Defendant B Co., Ltd. is obligated to pay to the Plaintiff KRW 199,258,064 (= KRW 116,129,032 won) 116,129,032 won - Defendant C Co-Defendant C Co-Defendant C Co., Ltd. in the first instance trial to compensate for damages and delay damages.

B) The board (a "amount equivalent to the amount ordinarily entitled to the working of the patented invention" under Article 128(3) of the former Patent Act is the objective value of the patented invention, the content of the license agreement with a third party for the patented invention, the contents of the past license agreement with the infringer, and the infringer's patent infringement.

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