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Reasons
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(영문) 서울중앙지방법원 2015.08.27 2014가단226695
손해배상(기)
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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 patent firm established on June 10, 2003, and the Defendant, a patent attorney around December 21, 2009, operated the Plaintiff together with C (the representative liquidator of the Plaintiff), D, and E, who is a member of the Plaintiff and is another member of the Plaintiff.

B. However, as D retires on October 10, 2012, Defendant, C, and E agreed to establish and operate an individual office instead of a patent firm, upon deciding to dissolve the Plaintiff.

For this purpose, the Defendant first set up an office with the trade name “F” on December 3, 2012, and the Defendant and G were joint business operators of “F” on January 15, 2013 by combining G with January 15, 2013.

C. On February 19, 2013, between the Plaintiff, the Defendant and G, the general acquisition agreement of the following outlines (hereinafter “instant acquisition agreement”) was drafted.

1. Transferor: A patent firm;

2. Transferee (B): F;

3. (1) Transfer: (2) Transfer of all rights and obligations on the transfer details operated by A as at the time of employment succession for all employees employed by A to the Korean Intellectual Property Office and the court for all customers represented by A (3) of the right of representation for the Korean Intellectual Property Office and the court for all customers, and conclude a contract as follows:

§ 1 [Purpose] The purpose of this Agreement is to transfer to B all rights and obligations relating to the business operated by A in a comprehensive manner.

Article 2 [Methods] A shall transfer to B the total value of appraised assets as of February 28, 2013 and take over B comprehensively.

Article 3 [Final Decision] The appraisal of the value of transferred property shall be the assessment amount of Party A as of February 28, 2013, and the settlement of the determined value of transferred property shall be completed by March 11, 2013.

Article 4 [Effect] Notwithstanding the preceding Article, this Agreement shall become effective as of February 19, 2013.

The service mark (H) applied by the Plaintiff on November 21, 201.

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