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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Details of the disposition;
A. On April 15, 2009, the Defendant: (a) concluded a contract for technical services related to the basic and working design services with the Defendant on April 28, 2009, with regard to the construction of a public sewage treatment plant extension project (hereinafter “instant extension project”); (b) the defect in the public announcement of tender; (c) the Plaintiff Company A (hereinafter “Plaintiff A”); and the Korea Comprehensive Technology Corporation (hereinafter “Korea Comprehensive Technology”); and (d) the Plaintiff’s joint venture (investment ratio: Plaintiff A49%; and 51% of the Korea Comprehensive Technology”); and (d) bid with the Defendant on April 28, 2009; and (e) concluded a contract for technical services related to the basic and working design services of the instant extension project at KRW 794,400,000,000.
B. Meanwhile, on July 21, 2009, the Defendant entered into a contract with the Hyundai Engineering Co., Ltd. (hereinafter “the instant patent technology”) holding a patent on the “biological nitrogen removal device and method using erosion information separation system” (hereinafter “the instant patent technology”) on August 10, 2009, following the publication of guidance for submitting a technical proposal of high-level treatment method of construction works (the biological reaction design for the extension portion), and entered into a contract on the technical proposal of the instant expanded construction work, high-level treatment method.
C. On February 2010, modern engineering provided data for the application of the instant patent technology to the Plaintiff, etc. under the said contract (hereinafter referred to as “on-site engineering survey data”), and detailed data were provided to the Plaintiff, etc., and the Plaintiff, etc. prepared a report on basic design, volume calculation, mechanical drawings, etc. by referring to the evidence No. 19-3.
Plaintiff
A, etc. around January 31, 201, the final shop design drawings (hereinafter “the final design drawings of this case”) were submitted to the Defendant. The detailed contents were submitted to the Defendant. The design drawings, unlike the biological reaction equipment to which the patent technology of this case applies (hereinafter “instant facilities”), are to deduct sludges from the data submitted from modern engineering.