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(영문) 수원지방법원안양지원 2016.03.11 2014가합100165
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company engaged in the luminous parts manufacturing business, and the KON-Link Co., Ltd. (hereinafter “KON-Link”) is a company engaged in the business of manufacturing electronic communications equipment.

B. On April 24, 2012, NON-Link was ordered to commence rehabilitation proceedings as Suwon District Court 2012 Gohap25, and the same year.

9. 24. The rehabilitation plan was authorized;

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. On September 2012, the Plaintiff’s assertion-based link agreed that the Plaintiff shall grant the Plaintiff the exclusive right to produce the above RF cap when the Plaintiff passes the process of certification by requesting the development of the radio frequency receiver and receiver at the radio transmitter and receiver of the radio frequency so increased and re-transmittingd by using signals from the optical fiber communication system to supply the Plaintiff to Japanese sof banks.

Accordingly, the Plaintiff completed the development of the said RF model at its own expense, but KON did not grant the Plaintiff a monopoly production right in violation of the agreement, and directly produced and sold the said RF model using the technology developed by the Plaintiff.

As above, the Defendant obtained profits from the technology developed with the Plaintiff’s cost and effort without any legal ground, and thus, is obligated to return KRW 143,766,565, and KRW 211,025,760, total amount of KRW 354,792,325, which the Plaintiff could have obtained when the Plaintiff produced the said re-production, as unjust enrichment.

B. According to each of the statements in Gap evidence Nos. 1 through 9, witness B, and C’s testimony, the KON-based link requested the Plaintiff to improve the performance of the RF-liner, which was developed at the time, and the Plaintiff to a certain extent.

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