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(영문) 서울중앙지방법원 2018.10.25 2016가합553084
특허권침해금지 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendants’ relations 1) D Co., Ltd. (hereinafter “D”).

(2) On October 2, 2012, Seoul Central District Court rendered a decision to commence rehabilitation proceedings on October 22, 2012, 2012, and the bankruptcy was declared by a decision of bankruptcy on November 7, 2013. (2) The Plaintiff is a company established to engage in the business of manufacturing and selling optical materials and related products for optical communications, which was conducted by D business on November 8, 2013.

3) Defendant B Co., Ltd. (hereinafter “Defendant Company”).

(4) From October 1, 2002, Defendant C served as D’s representative director and manager in accordance with D’s decision on commencement of rehabilitation procedures, and after D’s bankruptcy, the Plaintiff and the Defendant Company provided technical advice, etc.

B. The Plaintiff’s acquisition of related patent rights and E’s investment 1) The Plaintiff’s registration number H patent with the name “G” from F Co., Ltd. on January 15, 2014 (hereinafter “instant 1 patent”).

For the same year:

5. On April 14, 199, registration number J Patent with the name of “I” (hereinafter referred to as “Second Patent of this case”) was registered for transfer of all rights arising from each transfer as to the First and Second Patent of this case (hereinafter referred to as “instant Patent”).

2) around 2014, Defendant C recommended E to make an investment in the manufacture and distribution business of optical communication materials and related products used by the Plaintiff for the business of the Plaintiff, and E paid approximately KRW 1.8 billion to the Plaintiff several times from January 24, 2014 to July 28, 2014. C. Dispute 1 between the Plaintiff and the Defendants is the Plaintiff’s production and sale of low-fresh Plod Plading products.

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