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1.The judgment of the first instance shall be modified as follows:
2. The defendant,
(a) using (attached Form 1) technical information.
Reasons
1. Basic facts
A. The Plaintiff’s product development, the establishment of national defense standards, and the designation of a defense industry company (1) around March 1979, the Plaintiff was established for the purpose of “luminous sirens manufacture and sale,” and began to develop the relevant technology after obtaining approval from the Republic of Korea on April 2003 for the company’s self-development plan on the limited night project. Around December 2004, the Plaintiff participated in the development of the limited night project and its parts developed by the Plaintiff (hereinafter “Plaintiff’s product”).
(2) On December 21, 2004, the Plaintiff acquired a patent (patent number No. 0470924) with the name of the invention as a “scarcity scarke system” (patent number No. 0528985) and the name of the invention as “scarcity scarke system” (patent number No. 0528985) respectively. The Republic of Korea issued an order as “PVS-04K” based on the guidelines for allocating munitions items and model numbers while designating a scarcity scarke as defense materials.
The relevant drawings and specifications shall be as specified in attached Form 2.
In addition, on December 31, 2004, Korea enacted the specifications of the Plaintiff’s product as a national defense standard (Standard KS 5855-4003). As seen above, the Plaintiff enacted the so-called performance standard that it may replace the parts that the Plaintiff acquired as a patent with “part holding the same or superior performance,” and the so-called performance standard 'the so-called type 'the replacement is impossible for the remaining parts'.
3) On January 20, 2005, Korea designated the Plaintiff as a defense industry company with respect to “PVS-04K”. (b) The Defendant’s product development and the designation of an additional defense industry company was established on May 22, 2000 for the purpose of manufacturing and selling motor vehicle parts. Since around 2010, the Defendant was established for the purpose of manufacturing and selling motor vehicle parts. Since 2010, it started the development and added “manufacturing and selling and selling at night at night on a short-to long-end level” as its business purpose on August 20, 2012.
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