logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2019.08.23 2019누35048
사용실시의 승인신청절차 거부처분 취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. The contents of the Plaintiff’s assertion in the trial of the first instance do not differ significantly from the contents of the Plaintiff’s assertion in the trial of the first instance, and even if the evidence submitted in the first instance and the trial are examined, the judgment of the first instance court rejecting the Plaintiff’s assertion is justifiable.

Accordingly, the reasoning of the judgment of the court on this case is as stated in the reasoning of the judgment of the court of first instance, except for the following parts, and thus, this Court cites it in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

(However, inasmuch as the portion concerning the co-Plaintiff B in the first instance judgment was separated and confirmed as above, each of the “Plaintiffs” in the first instance judgment shall be deemed to be “Plaintiffs and Co-Plaintiff B,” respectively, excluding the corresponding portion. [Supplementary part] The portion used by the first instance judgment shall be deemed to be “Plaintiffs and Co-Plaintiff B, Ltd.,” and the “the Commissioner of the Korean Intellectual Property Office” shall be added

The reasoning of the judgment of the court of first instance is deleted, and the 16th page 18’s “6. conclusion” is deemed to be “5. conclusion”.

2. In conclusion, the plaintiff's claim of this case should be dismissed as it is without merit. Since the judgment of the court of first instance is just, the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

arrow