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(영문) 특허법원 2017.06.23 2017나1438
직무발명보상금 청구의 소
Text

1. Revocation of the first instance judgment.

2. The case is remanded to Suwon District Court.

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

Reasons

1. Grounds for the court's explanation on this part of the facts are with merit of the judgment of the court of first instance.

1. The basic facts are as stated in the main sentence of Article 420 of the Civil Procedure Act (as stated in the judgment of the court of first instance, the two pages 7 to 7 pages 4).

2. Judgment on the Defendant’s main defense

A. Defendant’s assertion 1) The prior suit in this case, which conflicts with the res judicata of the prior suit, was a form of partial claim, but in substance sought a judgment on the whole Plaintiff’s claim for compensation for employee’s invention, and thus, res judicata of the prior judgment in this case extends to the Plaintiff’s right to claim compensation for employee’s invention recognized as identical to the claim. However, as the prior judgment in this case became final and conclusive that the Plaintiff’s claim for compensation for employee’s invention did not exceed KRW 83,956,984, the prior suit in this case based on the same claim for employee’s invention, is in conflict with res judicata of the prior judgment in this case. 2) Even if res judicata of the prior judgment in this case, which violated the principle of good faith does not directly affect the lawsuit in this case, even if the Defendant’s claim for compensation for employee’s invention was deliberated on the whole Plaintiff’s claim for compensation for employee’s invention in this case, and thus, the lawsuit in this case was partly rejected by the Plaintiff.

B. Determination 1) Whether the instant lawsuit conflicts with the res judicata of the previous judgment or not), inasmuch as the pertinent legal principles and the purport that the remainder is reserved and only a part of the claim is claimed while filing a lawsuit seeking the performance of a part of the claim, the remainder cannot be claimed separately, since the final and conclusive judgment claims res judicata and the remainder cannot be claimed separately.

However, if it is expressly stated that it is a partial claim, it is a partial claim.

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