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(영문) 서울고등법원 2019.01.17 2018나2033952
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds for the acceptance and alteration of the judgment of the court of first instance are as follows, and such reasoning is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act, except for dismissal or addition as follows.

Part 2 "B" in Part 9 shall be changed to "B".

Part 4, "paragraph d." of Paragraph 1 shall be changed to "paragraph d.".

Part 4, Parts 13 through 5, Paragraph 12, shall be deleted.

Part 6 1 to 7 are as follows. Part 1 to 7 are higher.

“2) The Defendant alleged that the right to use the instant drawings was transferred to the Plaintiff Company by transferring the right to obtain a patent by transferring the right to obtain a patent to the Plaintiff Company. The Plaintiff Company registered the patent in relation to the instant drawings, and the file files of the instant drawings are necessary to implement the said patent. As such, the Defendant ought to be deemed to have the right to use the instant drawings to the Plaintiff as to the instant files. The Defendant, without any consultation with the Plaintiff, arbitrarily deleted the instant drawings files without any consultation, thereby causing damage to the Plaintiff by making the Plaintiff unusable the files of the instant drawings. Accordingly, the Defendant is liable to compensate the Plaintiff for damage therefrom. The Defendant deleted the Plaintiff from the Plaintiff’s perspective.

Parts 10, Chapters 19 through 11, and 9 are as follows:

“2) The following facts are acknowledged as to whether the right to use the drawings of this case was transferred to the Plaintiff Company by transferring the right to obtain a patent (whether or not the right to use the drawings of this case has been transferred to the Plaintiff Company) by the parties, or are recognized by the descriptions of evidence Nos. 28 and 30 and the purport of the

① The Plaintiff Company filed two inventions in F “H” and “I” and received X patent registration (registration number Y, Z in order).

② The Plaintiff Company filed an application for the invention of “J” and received AA patent registration (registration number AB).

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