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(영문) 서울고등법원 2014.10.28 2013나62607
인터넷사이트폐쇄 등
Text

1. The defendant shall not commit any act listed in the separate sheet, upon a claim that has been changed in exchange in this court.

Reasons

1. Basic facts

A. The Plaintiff is a juristic person engaged in the manufacturing and selling business of water purifiers. The Defendant, from around 2001, engaged in the manufacturing and selling business of water purifiers, and has a patent related to water purifiers. The Plaintiff’s annual sales amount are KRW 1,824,66,637,732 in the year 201, KRW 1,92, KRW 838,049 in the year 2012, KRW 118,341, 565,040 in the year 2013, and KRW 2,118,341, KRW 565,040 in the portal site management by the Defendant from June 2012 to October 15, 2013.

B. The Defendant filed a civil petition related to the Plaintiff, etc. (1) from May 2004 to June 2009, and the Defendant discussed the transfer of the water purifiers owned by the Defendant, but the negotiations had been reached. On August 26, 2011, the Defendant sent to the Plaintiff a certificate of content that “the Plaintiff infringed on the patent and utility model regarding the disinfection equipment and method of water purifiers owned by the Defendant.” On September 19, 2011, the Plaintiff sent the Defendant’s reply to the effect that “the technology claimed by the Defendant is not only the already commercialized publicly known technology, but also there is no patent infringement because it is a significant difference from the technology of the Plaintiff’s products.” The Defendant’s content certification sent to the Plaintiff on August 26, 201, accompanied by “the schedule of business progress,” and the key content was to be “the Ministry of Environment, the Board of Audit and Inspection, the Ministry of Public Safety and Security, the Ministry of Public Prosecutor’s rights and interests, the Ministry of Justice, the Ministry of Environment, the Ministry of Land, the Broadcasting & Security & Security Council, the Plaintiff, the Defendant’s complaint, and the Plaintiff.

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