(영문) 서울중앙지방법원 2016.11.24 2016가합523557

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(영문) 서울중앙지방법원 2016.11.24 2016가합523557

손해배상(기)

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1. As to the Plaintiff (Counterclaim Defendant)’s KRW 500,000,000 to the Defendant (Counterclaim Plaintiff) and its related amount, the Plaintiff (Counterclaim Defendant) from July 8, 2016 to November 24, 2016.

Reasons

1. Facts of recognition;

A. The Defendant related to the parties is the patentee of “B (Registration Number C)” and “D (Registration Number E)”, which is a patent for the cutting-off method and manufacturing technology, and is supplied with a short-line set in which royalties for the prevention of Daejeon are collected from Hanergroman Co., Ltd. (hereinafter “hereer”) while operating F, using the aforementioned patent technology, and supplies repaired products (hereinafter “repair products”) by means of melting, melting, melting, or cutting off the frame of the melting-line sets and the part of the drums without any frame of the melting-line (hereinafter “new products”), and short-line (E24) supplied to the existing companies by means of melting, etc.

The Plaintiff, who was granted a non-exclusive license as to each of the above patents from the Defendant, supplies new products and repair products to the Korean Plet pool in the same manner as the Defendant.

B. On July 17, 2014, the Plaintiff and the Defendant entered into the following contracts (hereinafter “instant contracts”) with a view to preventing the inequality of benefits between the Defendant and unreasonable price competition, based on the difference in the volume of order of the Korean Plet pool.

The plaintiff and the defendant conclude the following contracts in delivering plastic sets to Korean Plast pool:

Article 1 With respect to the order quantity ordered domestically by the Korean Plet pool, the plaintiff and the defendant shall receive an order quantity of 50% each.

Article 2, if the Korean Plet pool discriminates against the plaintiff and the defendant without ordering 50% each of them, it will be compensated for 50% each by giving them the insufficient order volume in cooperation with the plaintiff and the defendant.

Article 3 In cases where the plaintiff and the defendant have inflicted damage on the other party in violation of the contract under Article 2.

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