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1. All appeals filed by the plaintiff and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the first instance, except for the modification of the corresponding part of the judgment of the first instance as set forth in the following 2. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Modification of any of the modifications listed in Sections 11, 2, and 9 as follows:
A. The gist of the Plaintiff’s assertion is that the Defendant’s production and sale of the Defendant’s product contains both the elements of the instant Claim Nos. 1 and 3 or satisfies the equal elements. Thus, the Defendant’s act constitutes infringement of the Plaintiff’s patent right regarding the instant Claim Nos. 1 and 3 inventions, and the Defendant’s act of infringement of patent rights constitutes KRW 13,66,219,873 when calculating the amount of damages incurred by the Plaintiff from 2010 to 2017 pursuant to Article 128(2) of the Patent
Accordingly, the Plaintiff, as stated in the purport of the claim, seek against the Defendant a partial claim for damages arising from patent infringement, such as KRW 2,861,706,441 and damages for delay.
5. The determination on the claim for damages (from No. 28, No. 12 to No. 36) shall be modified as follows:
A. 1) As seen earlier, the Defendant’s production and sale of the Defendant’s product infringed the Plaintiff’s patent right regarding the Claims 1 and 3 of this case. The infringer is presumed to have been negligent in the infringement (Article 130 of the Patent Act). As such, the Defendant is liable for compensating the Plaintiff for damages caused by infringement of patent rights (Article 130 of the Patent Act). As to this, the Defendant’s products are back-to-date products manufactured and sold for H vehicles. The Defendant’s products are back-to-date products manufactured and sold for H vehicles. The Defendant’s products are considered as back-to-board products manufactured in the vehicle’s driver’s seat, development of the relevant products installed only on the vehicle in line with a specific vehicle, and the process of mass production.