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(영문) 수원지방법원 2016.12.20 2015가단138403
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Comprehensively taking account of each of the statements in Gap evidence Nos. 1 and evidence Nos. 6-4 and 6-6, the Defendant concluded an exclusive license contract with the Plaintiff to establish an exclusive license (hereinafter “instant exclusive license”) for the patent right registered with the patent registration number B (hereinafter “instant patent”) on Nov. 11, 2013 between the Plaintiff and the Plaintiff on February 5, 2014 and February 4, 2017 during the period from February 5, 2014 to February 4, 2017; and the Defendant’s act of producing the relevant product among the acts under Article 2-3 of the Patent Act (hereinafter “instant patent”). On the same day, the Plaintiff filed an application with the Commissioner of the Korean Intellectual Property Office for the registration of establishment of the instant exclusive license.

2. Determination

A. (1) The Plaintiff’s assertion (A) around the beginning of April 2013, the Defendant requested the Plaintiff to produce a sample sample of a portable water purifier on the condition that the Defendant would give a patent to the Plaintiff for two (2) years, upon making a sample sample of a portable water purifier.

The plaintiff supplied a portable water purifier sample to the defendant five times every two years, and the defendant set up the patent right of this case and granted the exclusive license of this case to the plaintiff for production.

However, the Defendant infringed the instant exclusive license and requested a corporation to produce portable water purifiers.

The Plaintiff suffered damages equivalent to KRW 22,733,773, which is the sales revenue of the Defendant due to the Defendant’s infringement of the instant exclusive license, and thus, the Defendant shall pay the Plaintiff the above KRW 22,733,773 and delay damages.

(B) The Plaintiff, upon manufacturing sampling of a portable water purifier, believed the Defendant’s promise to place a production order to the Plaintiff for two (2) years, and produced a portable water purifier sample to the Defendant. The Defendant, in violation of the above agreement, had another company produce a portable water purifier.

The plaintiff is in violation of the above agreement.

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