logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.01.19 2017가합510596
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff is a company established on May 14, 2015 for the purpose of research, development, and manufacturing of instruments, equipment, etc. of cold and hot water purifiers. Nonparty D is a person who served as a business director of the Plaintiff. 2) Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company established on January 21, 2013 for the purpose of the manufacture and sale of chemical disease control devices. Defendant C is a person who was a joint representative director of the Defendant Company, along with E from February 3, 2015 to May 31, 2016.

(At present, E is registered as a sole representative, and when Defendant C and E are referred together to together, hereinafter referred to as “Defendant C, etc.”). (b)

E’s patent right is a patentee of a patented invention under the name of “H” and registered as G on October 1, 2013, which is the F-application and registered as G.

C. On August 31, 2015, the Plaintiff and the Defendant Company concluded a product supply contract with the content that the Plaintiff would produce “fire extinguishing disinfection equipment” and deliver it to the Defendant Company.

(hereinafter “instant contract”). The main contents are as follows:

Article 2 (Goods and Breeding) ① The specifications of this product will be manufactured by the plaintiff after obtaining prior consent from the defendant company.

③ The Defendant Company shall not entrust or be supplied with products to a third party, other than the Plaintiff, for a production contract by product that was concluded with the Plaintiff.

Provided, That this shall not apply where production is delayed or it interferes with production due to causes attributable to the plaintiff.

Article 3 (Individual Contracts) This Agreement shall also apply in common to product production contracts by type (hereinafter referred to as "individual contracts") and the individual contracts shall substitute for the issuance of orders by the defendant company to the plaintiff.

Article 4 (Supply of Goods) (1) The Plaintiff shall supply the goods to the place designated by the Defendant Company in accordance with the individual contract, and shall immediately notify the Defendant Company of such delay.

(2) The defendant company shall prepare a written request for production, design drawings, etc.

arrow