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(영문) 부산지방법원 서부지원 2018.02.08 2017가합198
협약무효확인등
Text

The plaintiff's primary claim and the conjunctive claim are all dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person operating a personal business entity that manufactures and sells the pressure presses and engine parts with the trade name of “C” (hereinafter “D”), and the Defendant is a corporation established for the purpose of manufacturing gold-type, spashing tools, etc.

B. The Plaintiff made an invention of “E” and registered as “H” with “E” as “H”, and subsequently registered as “K” with “K” as “K”’s patent. In addition to the patent registration made as “K”, the Plaintiff has three patents for technologies related to debratates in addition to the patent registration made as “K”.

C. In applying the aforementioned patent technology, the Plaintiff has developed a steam turbine turbine racker (Hydrost tring Tyke) used at a large power plant in Korea and overseas (hereinafter “instant product”). D.

However, even if the development of the product of this case was completed due to the lack of financial capacity as an individual entrepreneur, the business awareness of the company is not high, and the business ability is insufficient due to the relationship with the large power plant in Korea and abroad, the sales difficulty was anticipated. Accordingly, since early 2012, N, working as the head of a department at a business entity operated by the plaintiff, had contact with the defendant who had maintained the transaction relation with the large power plant in Korea and abroad, and suggested the defendant to participate in the development of technology related to the product of this case.

E. However, the Defendant did not look at the Plaintiff’s participation in the development of technology related to the instant product on the ground that the instant product was one of the items related to nuclear power plants lusent to nuclear power plants.

Accordingly, N and the Plaintiff continuously requested the Defendant to provide an opportunity to explain the patent technology possessed by the Plaintiff, and eventually N and N visit the Defendant’s workplace on June 2013.

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