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(영문) 서울중앙지방법원 2016.07.15 2015가단5341954
손해배상(지)
Text

1. The Defendant shall pay to the Plaintiff KRW 87,723,00 and the interest rate of KRW 15% per annum from November 3, 2015 to the date of complete payment.

Reasons

1. Basic facts

A. The Plaintiff’s patent right is a patentee with respect to the following patented inventions, namely, “a observer for storage or cooking.”

(1) Patent registration number: 10-0509521 (2) the international filing date / the priority filing date/ the translation submission date/ the registration date: March 30, 2000 / March 31, 199 / September 28, 2001 / the filing date of registration. 3. The scope of claims and the main drawings of August 12, 2005 are as shown in attached Table 2.

B. The Defendant, from around 197 to July 1, 2010, is an individual entrepreneur who has engaged in the production, sale, etc. of industrial food service facilities from around 1997 to around 1, 2010. A stock company B (hereinafter “foreign company”) is a corporation incorporated for the same purpose on June 4, 2010 after the Defendant closed down his/her business. C from October 2007 to July 1, 2010, and the non-party company produces products listed in attached Table 1 (hereinafter “Defendant products”) in the name of “D”, etc. in Korea, and sells them to sliber (hereinafter “sliber”).

C. Cited Invention 1(A) / Publication / Registration Number: On July 21, 1998: Name of the U.S.-registered Patent Gazette/5,783,803(b)(FOD WAMING APPARUSC): Major drawings of food-resistant appliances (FOD WAO APPAS) : as shown in attached Form 3(1).

2) On December 14, 1993, the date of the publication / Publication / Registration Number: Name of the U.S.-registered Patent Gazette / the 5,269,217B: Food and drinks for Kapeta, Lestop, etc. (FOD WAR MING MESS CAFEESIS, RES RESTIE) main drawings: as shown in attached Form 3(2).

3) Cited Invention 3 ACCH (U.S. P.C.) is identified in the thesis of the title "Hatat Sink Republicv" published and distributed in around 1981 by Cereal Chemistry Vol. 58, No. 4, 1981, published in the 1981, as it is identified in the thesis of "Hatk Republicven".

Drawings shall be in attached Form 3-.

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