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(영문) 서울동부지방법원 2016.10.12 2016가단10071
지적재산권청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. On February 2 to 3, 2012, the Plaintiff was requested from the Defendant to produce and supply each of the three parts of C Co., Ltd. and D Research Institutes run by the Defendant, and one of the three parts of the Defendant’s face face par.

After approximately two weeks of work, the Plaintiff completed each log and drones in the attached Table and delivered them to the Defendant.

The Defendant agreed to pay to the Plaintiff the amount of KRW 114,00,000 in total (Croat production cost, KRW 10,000,000 in total, and KRW 4,000 in the production cost of D Research Institutes, KRW 10,000 in total, and KRW 4,000 in the production cost of Dromatic works at the time of requesting the production and delivery of each log and Dromatic works in attached Table.

B. The Defendant, without permission, posted each log on the attached list produced and supplied by the Plaintiff to a hydrogen physiological machine, or used it on the advertisement site, name box, or Internet, or “E” published by the Defendant, and registered service marks in the name of the Defendant by changing part of the route.

The plaintiff is seeking payment of KRW 36 million in total and KRW 66 million in mental compensation with the defendant's above-mentioned royalties for about three years.

2. Determination and conclusion are insufficient to acknowledge the payment of the Plaintiff’s assertion or the payment agreement of the street rental fee, or damages and damages, solely with the descriptions of the evidence No. 3-1, No. 2, and No. 8, and the witness F’s testimony, and there is no other evidence to acknowledge them.

(b) Paragraph (1) and (2) above are deemed to have the nature of the conjunctive claim, but as the plaintiff claims in the simple form of annexation, it is judged according to the plaintiff's argument. Accordingly, the plaintiff's claim is dismissed as it is without merit.

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