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(영문) 인천지방법원 2015.05.08 2014가합6622
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On August 2008, the plaintiff was introduced to the defendant through the branch of the land around August 2008. At the time, the defendant introduced himself as the first developer of the technology to treat the closed pressure static (hereinafter "the project of this case") and suggested the operation of the business of treating the closed pressure static ("the project of this case").

Accordingly, the plaintiff received the defendant's proposal and shared the business of raising the business reserve fund, and the defendant provided the developed machinery and technology, and C, the representative director of which is the plaintiff, was notified of the appropriateness of the designated waste interim disposal business by the Han River Basin Environmental Office around February 16, 2009.

Then, the Defendant unilaterally demanded the Plaintiff to pay the 7 billion won of the mechanical cost set by the Plaintiff, and forced the Defendant to transfer the business right of the instant project if it fails to perform this, and the Plaintiff had invested the amount equivalent to 600 million won for the instant project during that period, and thus cannot be charged with the instant project. In order to receive the policy support fund, the Defendant applied for the policy support fund based on the patent technology owned by the Defendant, so there was no choice but to transfer the business right of the instant project to the Defendant as requested by the Defendant.

However, the plaintiff introduced himself as the first developer of the technology of pulmonary pressure refining and believed it to carry on the business in this case. The defendant was not a developer of the technology in this case, and then requested the plaintiff to purchase the machinery developed by another person for 600 million won, and then demand 7 billion won as the machinery cost. The defendant had no intention to carry on the business in this case together with the plaintiff, and was approaching the plaintiff with a plan to seize the business in this case.

As can be seen, the Defendant’s business right and the Plaintiff’s business right to the instant project after deceiving the Plaintiff.

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