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(영문) 특허법원 2019.11.22 2018나1466
손해배상(기)
Text

The plaintiff's appeal is dismissed in entirety.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. 1) The Plaintiff is a company whose business objective is the manufacturing business of electronic parts and D parts, and E is the representative director of the Plaintiff. 2) Defendant C Co., Ltd. (hereinafter “Defendant C”) is a company whose business purpose is the manufacturing and selling business of products related to lightning Protection Dominion, etc., and Defendant B is the representative director of Defendant C.

The term "surge" means pulse with a high shock in which electricity or voltage rapidly increases in an electrical circuit.

B. Defendant B (hereinafter “Y”) around May 2005, 2005

(C) On November 2005, after withdrawal from his office, a research institute with the name of “C” is established in the name of “C” in his place of residence (C is a personal enterprise before Defendant B establishes Defendant C on September 19, 2007).

(2) On July 4, 2006, Defendant B entered into an agreement on the land protection technology with the Plaintiff (Evidence 6; hereinafter “instant agreement”) with the Plaintiff on July 4, 2006.

its key

Details are as follows:

The contract “A” and “B” agree on July 04, 2006 as follows:

1) Definition 1) G: A contract between the parties to a contract for the supply between the parties with large enterprises, such as AA, AB, AC, etc., and a contract between the parties to a contract between the parties to a contract for the supply of a single tenant, the number or a large number of clip, which is a part to manufacture a clibs and a lightning protection device, and a contract for the supply of a clibs and lightning protection device;

2. The acquisition limit of the agreed contents and the scope of technical provision;

(a) In the case of technology and patent related to the provision of relevant technology (transfer after technical transfer) required for the G sector (i) and design technology (ii) related to the G sector (transfer after technical transfer): Co-ownership - In the case of D technology, paragraph (2) shall apply to a patent arising from the progress of the project (iii) as described in paragraph (1).

(b)manufacture and design technology required for the parts;

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