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1. The plaintiff's claim that is changed in exchange in the trial is dismissed.
2. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a person who made an invention of “E” while in office in D (hereinafter “D”), and D is a company with the purpose of manufacturing and wholesale and retailing the boiler-type boiler, and the Defendant is a company with the purpose of manufacturing and selling boiler-type boiler-type boiler-type.
(No. 17, 19). (b)
The registration D of the instant patent, on December 20, 201, filed an application for patent registration with respect to “E” claimed by the Plaintiff on December 20, 201,
J. complete patent registration as K with K
(A) Certificate No. 1, hereinafter referred to as “instant patent”).
On June 30, 2012, the Plaintiff entered into a partnership agreement with the Defendant on September 15, 2014 for the establishment, operation, etc. of a new corporation for the purpose of the business of “F boiler” using E, “G boiler” and “G boiler” (hereinafter “instant partnership agreement”), and the main contents thereof are as follows.
Article 1 of the East Business Agreement (Evidence A3) The purpose of this Agreement is to establish the “joint corporation” between the Defendant and the Defendant in Korea in relation to the F boiler Business (one name G boiler), among the energy projects promoted by the Defendant in Korea and China.
The new corporation (tentative name: hereinafter referred to as "L") is the mother body to establish a local corporation in China, and the purpose is to conduct national, internal and foreign business and investment by demonstrating a special capacity held by the defendant. The plaintiff provides all technologies owned by "G boiler" to "G boiler" to operate and manufacture new corporations, and the purpose is to maximize mutual interests and to ensure the success of this project by enhancing business efficiency.
Article 3 (Duties and Roless of the Defendant and the Plaintiff’s Liability Affairs) The Plaintiff, as the Defendant’s partner for the project, will faithfully perform the following roles:
1. The defendant's responsibility duties and roles have been promoted for a long time, and the plaintiff is a business partnership.