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(영문) 광주고등법원(전주) 2016.09.22 2015나101257
손해배상(기)
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is a shareholder who holds 13,680 shares of Co., Ltd. (hereinafter “C”) 38,000 registered shares of the Agricultural Machinery Manufacturing Business Co., Ltd. (hereinafter “C”) established on May 13, 201, and the Defendant was appointed as a representative director and an in-house director on December 20, 2012 and completed registration on December 21, 2012.

B. On March 20, 2013, the Defendant, registered as the representative director C, was established D Co., Ltd. (hereinafter “D”), and the Defendant was a director of D in-house, and E, the Defendant’s spouse, was appointed as an auditor.

C. At the time of establishment of D, C filed a patent application for each of the inventions described below (hereinafter collectively referred to as “instant patent”). A around April 12, 2013, the applicant’s patent application for the instant patent was changed to D, and the registration of the patent was terminated by making D as the patentee on each of the following registration dates:

On February 26, 2014, N on February 3, 2014, 1F GH I on the date of the filing date of the registration date of the patent application for the title of the invention: (a) on February 26, 2014, part of the above patent registration becomes final and conclusive by a trial decision of the Intellectual Property Tribunal (Patent Tribunal No. 201324 of the Patent Tribunal).

(O) PP Q Q Q QP on August 4, 2014, J RST on August 11, 201, August 5, 2014, URS V on August 6, 2014, WRS X on August 11, 2014.

D. On July 30, 2013, the Plaintiff entered into a patent transfer agreement (hereinafter “instant patent transfer agreement”) with O Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa P to transfer the instant patent at KRW 204,308,575 (hereinafter “O Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa P

E. Also, on July 30, 2013, C entered into a purchase agreement with 81,00,000 won for the purpose of transferring a computer, spawn and spawn to spawn, computer, spawn, and spawn.

F. Meanwhile, on August 29, 2014, the Plaintiff, as a shareholder of C, transferred the instant patent right, which is C’s asset, to C, without the resolution of the board of directors or the general meeting of shareholders, after the Defendant established D with the auditor of C as a separate company.

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