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(영문) 서울고등법원 2018.10.11 2015나2047271
손해배상(지)
Text

1. At the trial of the party, the plaintiff's successor's application for intervention in the succession is filed, and the defendant is the plaintiff's successor's 17,403,225 won.

Reasons

1. Facts of recognition;

A. The Plaintiff’s registration of the patented invention filed an application with theO and R (2) for registration of each patented invention described and indicated in the list of the Plaintiff’s patented invention (hereinafter “new patented invention”) for “the First Invention” and “the Second Invention” and “the Second Invention”, collectively, and “the instant patented invention” and “the instant patented invention” were registered as a patentee.

B. On March 7, 2005, and January 2, 2007, the Plaintiff entered into a domestic sales agency contract with the Defendant with the content that the Defendant would sell the wall-to-be landfill, which the Plaintiff manufactured and supplied. As to each domestic sales agency contract, the Defendant paid KRW 200 million to the Plaintiff as a security deposit, and the Plaintiff supplied the wall-to-be box box by the Plaintiff and sold the wall-to-be box box. 2) On July 29, 2009, the Plaintiff entered into a supply agency contract with the Defendant with the content that “the Defendant will exclusively supply the wall-to-be parcel to the Plaintiff (EE)’s construction site, such as supply of goods and on-site management.”

3) In addition to the instant invention, the Plaintiff was registered as a patentee of several patented inventions (hereinafter referred to as “Plaintiff’s invention”). The Plaintiff’s patent invention registered as a patentee is collectively referred to as “Plaintiff’s invention,” and the remainder of the invention, other than the instant invention, is collectively referred to as

() On January 5, 2011, the Plaintiff entered into a non-exclusive license operation agreement with the Defendant, stating that “the Plaintiff and the Defendant cooperates with each other with respect to the pre-sale box of walls and the manufacture and sale services of related parts, and the Plaintiff shall grant the Defendant a non-exclusive license on the business or patent necessary therefor.” The foregoing non-exclusive license operation agreement is as shown in the attached Form (3). 8 of the remainder of the inventions, such as the patent described in the relevant patent application

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