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(영문) 수원지방법원 2016.06.09 2014가합966
손해배상
Text

1. The Defendant’s KRW 220,290,181 as well as the Plaintiff’s annual rate of 5% from December 4, 2015 to June 9, 2016.

Reasons

1. Basic facts

A. On August 11, 2003, the Defendant, who registered the development of the plant variety and the plant variety right, applied for the establishment of the plant variety right pursuant to the Seed Industry Act on March 30, 2007, after developing the plant variety other than ambed, to the National Seed Institute.

B. On December 29, 2005, the Plaintiff and the Defendant drafted an agreement and a letter of agreement on plant variety rights between the Plaintiff and the Defendant on the ground that the Plaintiff infringed on plant variety rights other than 007 altered 007, thereby paying KRW 20 million to the Defendant, and further paying KRW 200 million if the Plaintiff again infringed on the Defendant’s plant variety rights.

On July 6, 2007, in violation of the above agreement, the plaintiff prepared a letter of apology that the defendant should be paid KRW 200 million separately to the defendant in the event of infringement of the defendant's plant variety right other than 007 alteration 007 alteration 0000.

C. Dongbu Tech and the Plaintiff’s lucing Hex changed the trade name to Dongbu Tech Co., Ltd., Ltd., production and sale of seeds outside the lucing lucing lucing lucing lucing lucing lucing lucing lucing lucing lucing lucing lucing lucing lucing lucing lucing lucing lucing lucing lucing lucing lucing lucing lucing lucing lucing lucing luc

The defendant applied for provisional attachment of corporeal movables against the plaintiff and provisional attachment of corporeal movables against the plaintiff and the plaintiff's deposit of piracy against the plaintiff with the "420 million won, such as agreement deposit," against the plaintiff as preserved bond, for a provisional attachment of all the seeds owned by the plaintiff to the Daegu District Court, and received a decision of acceptance from the above court on December 17, 2008.

(Seoul District Court 2008Kadan16151, hereinafter "the provisional seizure of this case"). The provisional seizure of this case is executed on December 23, 2008, such as ancient, Melel, Hana, Hana, and swimming, owned by the Plaintiff.

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