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(영문) 의정부지방법원 2019.05.16 2018고합441
사기
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a patentee with respect to Patent B (the filing date: C., the registration date: D., the name of the invention: E; hereinafter “instant patent”) and the complainant’s F Co., Ltd. (hereinafter “Appellant”) is a company engaging in electrical construction business, electric equipment sales business, etc.

On September 14, 2017, the Defendant stated that “In-house director I, who is the representative of the company that is the complainant, located in Yongsan-gu G, Yongsan-gu, Yongsan-gu, Seoul, is in the state of commercialization of the instant patent, and the commercialization of the instant patent has been interrupted due to the failure to meet the present additional development costs, and if only KRW 100,000,000,000,000,000,000 for additional costs have already been invested since all the prototypes, models, and design drawings have been prepared, commercialization of the instant patent can be made within a few months.” Upon the acquisition of the instant patent by the complainant, the Defendant provided that “The

However, at the time, the Defendant did not retain prototypes and completed design drawings for the multi-purpose device development system based on the patent of this case, and at least one year is required to complete the development of technology for commercialization, and the cost was required to be more than 460 million won.

Therefore, even if the complainant invested KRW 100 million from the company and used it as development costs, it was impossible to commercialize it by producing and delivering the multi-purpose device development system based on the patent of this case within a few months. On September 21, 2017, the complainant concluded a patent transfer contract between the Defendant and the Defendant on September 21, 2017, and later, transferred KRW 3,00,000,000 as the transfer price to the account under the name of the J as designated by each Defendant on October 25, 2017.

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