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1. Defendant C Co., Ltd.: (a) from May 9, 2017 to June 11, 2020 to Plaintiff A Co., Ltd.: (b) KRW 38,000,000 and its amount.
Reasons
1. Basic facts
A. The position of the parties 1) Plaintiff A Co., Ltd. (E Co., Ltd. as of February 24, 2012; hereinafter “Plaintiff Co., Ltd.”)
(2) The Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) was established on March 15, 199 by the Plaintiff Co., Ltd. (hereinafter “Defendant Co., Ltd.”) as a company engaging in manufacturing and selling agricultural machinery.
Defendant D, around 2007, received all shares of the Defendant Company from Plaintiff B, one of its own punishment, and operates the said Company.
B. The agreement between the plaintiff B and the defendant D (hereinafter "A") and the defendant D (hereinafter "B") agree as follows: C Co., Ltd. (hereinafter "the company"; the other commercial corporations, which are major shareholders, also include the company) as directors and shareholders of the company;
Article 4 [Industrial Property Rights] (4) A shall not engage in a business producing or selling like products produced or handled by a company as of the date of conclusion of this Agreement.
Article 5 (Prohibition of Conduct against Will) (2) No Party B shall interfere with the studies or other projects of Party A.
Article 6 (Penalties) (1) A person who violates all or part of this contract or raises a civil or criminal objection shall be punished by penalty against breach of contract to the other party.
(2) The penalty penalty referred to in paragraph (1) shall not affect the claim for damages.
Plaintiff
B and Defendant D entered into a written agreement around October 12, 2007 (hereinafter “instant agreement”) with the transfer of management rights of the Defendant Company, and the main contents thereof are as follows.
C. On March 30, 2011, the first patent dispute of the instant case 1) Defendant Company is an agricultural organization that had the Plaintiff Company display its soil of the paddy field, the product of the Plaintiff Company, Fallele, Fallele, Falle, Falle, the product of the Plaintiff Company, at the Intellectual Property Tribunal (hereinafter referred to as “the Plaintiff Company”).