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(영문) 서울중앙지방법원 2015.09.24 2014가합565830
직무발명보상금등청구
Text

1. Defendant Korea Atomic Energy Co., Ltd.: (a) KRW 18,668,00 and its amount from September 22, 2014 to September 24, 2015 to the Plaintiff.

Reasons

1. Of the withdrawal of the lawsuit against the Defendant Korea Electric Power Corporation (hereinafter “Defendant Korea Electric Power Corporation”), the fact that the Plaintiff’s legal representative, who was partially invalidated, appeared on April 28, 2015 at the third pleading date of the instant case and stated that “the Defendant withdraws the lawsuit against Korea Electric Power Corporation” is apparent in the record.

However, the Plaintiff’s legal representative stated on April 27, 2015 along with the content of the preparatory document as of the date of pleading, and it is evident in the record that “I withdraw the Defendant’s claim for employee’s invention compensation prior to the date of pleading” under the title “I withdraw part of the lawsuit.”

Therefore, in light of the above contents of the preparatory document, it is reasonable to view that the statement that the plaintiff's attorney withdraws a lawsuit against the defendant Han-chul on the third date for pleading was the intention of withdrawing only the part of the claim for employee's invention compensation against the defendant Han-chul.

Therefore, the Plaintiff’s lawsuit against the Defendant Han-chul regarding the remainder of the employee’s invention compensation claim is null and void, and thus, the Plaintiff’s application for the designation of date on August 18, 2015 to obtain the judgment on the merits is with merit.

2. Presumption of premise;

A. On April 1995, the Plaintiff joined Korea and carried out B business as a member of the Defendant Han-won. Around 2001, the Plaintiff was transferred to Korea-U.S. and was retired from Korea on May 201.

B. The Plaintiff, who is an employee of C, D, E, F, and Defendant Hanwon, and G jointly developed “H” domesticization technology from July 2005 to June 2009 in accordance with the Government Research Tasks Agreement concluded between the Defendant Hanwon and the Defendant Hanwon.

C. Defendant Hanwon and Hanwon filed an application for the I Patent with the Patented Invention as indicated in the attached Form (hereinafter “instant invention”) and completed the registration thereof.

Defendant Han-won and Han-won agreed to hold patent rights for the invention each with 1/2 shares.

On the other hand, Defendant.

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