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(영문) 서울고등법원 2011.08.17 2011나4577
특허출원인명의변경
Text

1.The judgment of the first instance shall be modified as follows:

The defendants are about KRW 15,658,814 to each plaintiff.

Reasons

1. 【Evidence of Basic Facts】 without dispute; Gap evidence 1 through 4; 8; 11; Eul evidence 4 (including additional numbers); the purport of the whole pleadings;

A. The Plaintiff is a corporation established on April 30, 207 for the purpose of manufacturing, supplying, etc. the parts of the precision Aluminium dysium dysium dysium. On October 2007, the Plaintiff takes over the assets of the acquired company from Non-Party G Co., Ltd. (hereinafter “the acquired company”) (hereinafter “instant asset transfer contract”) and is running the business of the acquired company for the purpose of manufacturing and selling information and communications devices parts.

Shed Defendant C was the largest shareholder of the acquired company as a doctor’s degree in chemical engineering, and was in office as the representative director of the acquired company from November 5, 2004 to October 29, 2007, and was in office as a registration director from October 16, 2009 after the incorporation of the Plaintiff Company.

(1) The Plaintiff Company, except Defendant C, actually managed and managed the Plaintiff Company as a U.S. employee. 【Defendant D’s employee as a shareholder of the acquired company (shares 6.77%) from November 5, 2004 to October 29, 2007. The Plaintiff Company held office as a registry director of the acquired company from November 5, 2004 to October 29, 2007.

A person who had been delegated with the work related to the composition test and physical analysis related to the development of Aluminium of the Plaintiff Company from November 2007 and had been engaged in the work related to the development of Aluminium of the Plaintiff Company, and the Defendant B filed a patent application for a patent as to the new Aluminium [Aluminium (Aluminium), 50.89wt%, Guide (Cu) 2.85wt%, 45.62wt% of Aluminium (Zn), 50.51wt% of Linium (Si), 0.02wt% of Linium (F) (Ti), 0.05wt% of Linium (Be), and 0.06wt of development cost of Binium (hereinafter “the patent of this case”) with Hinium (hereinafter “the patent of this case”) with the attached sheet, and received the patent of this case as hereinafter “the patent of this case”).

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