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(영문) 서울중앙지방법원 2017.09.20 2016가단11491
구상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit include the costs incurred by the Plaintiff’s participation.

Reasons

1. Facts of recognition;

A. The government developed “XPLC-21 chips” by carrying out high-speed electric power line development projects as a R&D project for business-based technology research, from December 1999 to March 2005. The government developed “XPLC-21 chips”. The Defendant is the institution in charge of the foregoing project and the Korea Electric Power Corporation (hereinafter “Korea Electric Power Corporation”).

(2) The Government, from October 2005 to September 2008, developed “XPLC-23 chips” by developing “XPLC-23 chips.”

The electrical research institute is the main institution of the above project, and the defendant, the Korean War, the supplementary intervenor, etc. participated.

The electricity research institute reported that the defendant XPLC-23 chips developed by the development project conducted by the government in September 2008 meet the standards of KS X 4600-1.

3) The Defendant is a patentee of XPLC-21 chips and XPC-23 chips that were developed as above. B. Korea electric power system construction project 1) sent electric power quantity information to the PLC m installed in the electric power system or the DCU (data transmission device) installed in the electric power system through the radio mix, and further promoted “PLC-based remote inspection project” to send it to each business headquarters server of Korea-China.

2) The Plaintiff’s Intervenor was the subsidiary of Korea War. 3) The Plaintiff’s Intervenor manufactured and supplied materials using the Defendant’s XPLC-21 chips to the pilot project No. 1,500, and the Defendant’s work subject to No. 5,000, Dec. 5, 2008, and the Defendant’s work subject to No. 50,000, and supplied materials using XPC-23 chips before they were manufactured and supplied.

C. On July 28, 2009, the Plaintiff’s Intervenor’s 1 of the Plaintiff’s 201 sales contract and material purchase contract between the Defendant and the Defendant on July 28, 2009, the Defendant’s development, “production,” ① PLC chip (XP-23, XPC-23R) and new development chips, ② PLC masters for remote inspection, ③ additional equipment for remote inspection (consoring and non-consoring, etc.), ④ all of the PLC master-type and network management programs, and PLC Nm S/W.

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