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(영문) 서울중앙지방법원 2018.07.26 2017가합569376
손해배상(기)
Text

1. The plaintiffs' respective claims against the defendants are dismissed in entirety.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. Pursuant to Article 4-2(1) of the Patent Attorney Act and Article 51(1) of the Regulations on Delegation and Entrustment of Administrative Authority, Defendant Human Resources Development Service of Korea entrusted administrative affairs concerning the management of the Patent Attorney Qualifying Examination by the Commissioner of the Korean Intellectual Property Office, and conducted the F Examination for the DNA and E-day two days (hereinafter “instant Examination”), and the Plaintiffs applied for the Examination.

B. The examination of this case is an essay test consisting of four subjects including three compulsory subjects (the Patent Act, the Trademark Act, the Civil Procedure Act, the Design Protection Act, the organic chemical, etc.) and one of the elective subjects (the elective date among the subjects), etc., and at least 40 points out of 100 points per subject, and at least an average of at least 60 points in all subjects, shall be determined as successful examinees: Provided, That where the number of successful examinees who obtained at least an average of at least 60 points in all subjects is less than the minimum number of successful examinees publicly notified before the examination is conducted, successful examinees shall be determined in the order of persons whose average score

[See Article 4(2) of the former Enforcement Decree of the Patent Attorney Act (amended by Presidential Decree No. 25877, Dec. 23, 2014). 【Case-3】 (30) and B entered into a contract to engage in the partnership business, and then C and C borrowed KRW 100 million from C and C to C and C and C and C borrowed the amount of KRW 100 million.

[The following: (1). (2) ; (a) ;

B. (1) C, who is a sole defendant, filed a lawsuit claiming the return of the total amount of the loan, and the judgment in the first instance court was rendered. A filed an appeal, and argued that “A only claims against A are unlawful, as A borrowed from B’s partner money on the date of pleading.” A, who explained how the illegality of the lawsuit related to the above alleged facts can be cured at the appellate court (10 points).

(b) C, C, and B, withdraw the above action during the appellate trial.

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