The part against the defendant in the judgment of the first instance shall be revoked.

The plaintiff's claim corresponding to the cancellation is dismissed.

1. The summary of the case and the facts premised on the case

A. The summary of the case is the case where the Plaintiff and the Defendant provided the boiler case and the accessories to the Plaintiff, and the Plaintiff agreed to pay KRW 300 million as penalty if it violated the agreement by entering into an exclusive supply contract with the Defendant to provide the products only from the Defendant, and the Defendant provided products to another company without going through the Plaintiff, and the Defendant sought penalty of KRW 300 million and its delay damages against the Defendant.

The judgment of the court of first instance accepted the penalty of KRW 30 million and damages for delay among the plaintiff's claims, and dismissed the remaining claims, and the plaintiff and the defendant appealed against the part against which they lost (part of the plaintiff) respectively.

B. On the premise of the facts, 【Evidence” 2, 3, 4, 7, and 8-1, 2, 2, 10-1, 2, 12-1, 2, 2, 12-1, 2, 12-1, 2, 14-1, 2, 3, 3, Q and 14-1, 14-2, 14-2, D, which was the head of the development headquarters of E, a party’s association, established the Plaintiff on May 26, 201, in consultation with I where he had the representative of the association for the manufacture and sale of the boiler for the fuel matry that used the invention, etc. filed, and then actually managed the Plaintiff.

I and G were from the time of Plaintiff’s establishment to October 11, 2012, D were the representative director of the Plaintiff from October 11, 2012, and Q was the Plaintiff’s operating director while engaging in boiler sales business.

⑵ 온수매트 보일러 관련 특허출원과 권리양도 ㈎ D은 F ‘H’(이하, ‘H 발명’이라 한다)를 발명하고 그 발명자를 D의 아들 G의 명의로 특허를 출원하였으며, ㈜J(이하, ‘㈜’는 생략한다)의 대표이사 Z은 AA ‘AB’(이하, ‘AB 발명’이라 한다)에 관하여 Z을 발명자로 하여 특허를 출원하였다.

㈏ D은 2011. 7. 무렵 원고와 사이에...