Whether compensation for damages caused by infringement on a utility model right becomes final and conclusive in a judgment invalidating the utility model right, thereby making unjust enrichment.

If a judgment invalidating a utility model right becomes final and conclusive, the utility model right is not existing from the beginning, and thus, damages paid before the utility model right is gained without any legal ground.

Article 741 of the Civil Act; Article 29 of the Utility Model Act; Article 70 of the Patent Act

Plaintiff

No. 550,000

The defendant shall pay to the plaintiff 5 million won with interest rate of 25 percent per annum from January 14, 1987 to the day of full payment.

Litigation costs shall be borne by the defendant.

Paragraph (1) may be provisionally executed.

The same shall apply to the order.

The plaintiff is a person operating (trade name omitted) of Seongdong-gu Seoul Metropolitan Government (Seongdong-gu omitted), and the non-party reorganization company, the non-party reorganization company (the previous trade name was changed to the trade name as of February 12, 1986; hereinafter the non-party reorganization company) is a company operating the gas, oil, electric appliances, and thermal container manufacturing and selling business with its head office in the 525-5-dong, Chungcheongnam-gu, Incheon Metropolitan City, and the above non-party reorganization company was a company operating the gas, oil, electric appliances, thermal container manufacturing and selling business, and the above non-party reorganization company, which was produced by the plaintiff on October 11, 1985, requested the plaintiff on March 12, 1985 as the goods of which the utility model registration was completed by 28075, and the plaintiff's act of manufacturing goods was in the same form as that of the non-party reorganization company's utility model right, and it was demanded that the non-party 1 company suspend the production and distribution of the above non-party 1's utility model model.

Therefore, since the above utility model becomes final and conclusive and the utility model right is not existing from the beginning, the plaintiff paid 5,000,000 won to the non-party reorganization company even though the non-party reorganization company did not have any obligation to compensate for damages because it did not infringe on the utility model right of the non-party reorganization company, the non-party reorganization company, upon the plaintiff's above payment, gains 5,00,000 won of money without any legal cause, and caused damages equivalent to the plaintiff.

Therefore, the defendant, the administrator of the non-party reorganization company, is obligated to pay to the plaintiff 5,00,000 won for the return of unjust enrichment and damages for delay at 25% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 14, 1987 to the full payment after the day following the delivery date of the complaint of this case, as the plaintiff seeks, so the plaintiff's claim of this case of this case is justified, and it is so decided as per Disposition by applying Article 89 of the Civil Procedure Act Article 199 (1) of the same Act, Article 6 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

Judges Kang Yong-sung