1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The gist of the grounds of appeal is as follows: The Jindo boiler installed in D (hereinafter “the boiler”) is identical to the patented product by E Co., Ltd. (hereinafter “E”); in light of the fact that the Plaintiff is unable to directly produce the boiler of this case without providing E with patent technology, the boiler of this case is produced by the Plaintiff after being granted to E.

Therefore, the confirmation of direct production that the Plaintiff received from the Defendant pursuant to Article 11(2)3 of the Act on Promotion of Purchase of Small and Medium Enterprise Products and Support for Development of Market Markets (hereinafter “Market Support Act”) should be revoked.

2. Determination on the grounds for appeal

A. On January 15, 2017, the Plaintiff entered into a technical alliance agreement with the Plaintiff on the technical cooperation agreement with E to provide technical assistance at the same time using the technology for design production owned by each company. According to the technical cooperation agreement, the Plaintiff and E provide the boiler design drawings owned by each company, and purchase raw materials and components, such as burners and steel plates. 2) On May 26, 2017, the Plaintiff entered into a contract with Gwangju Metropolitan City to install boiler with the Plaintiff on the manufacture and installation of the boiler in this case. After concluding the agreement with the Plaintiff on May 26, 2017, the Plaintiff purchased materials and goods, such as the reduction of the diameter of the pipeline part, such as the process, and the reduction of the diameter of the pipe part.

The Plaintiff assembled each part of the said boiler using a folding, etc., and installed it in D, and the process of manufacturing the boiler was taken and kept as a photograph.

In the first instance trial, E’s Managing Director F testified that the Plaintiff did not issue the drawings on the connection between the main body and the waste heat recovery machine to the Plaintiff, and that there was no fact that the boiler was produced by the Plaintiff with the lower authority on the boiler production.

3 The automatic use process of E and the contents of patent technology.