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(영문) 의정부지방법원 2018.10.19 2017가합1186
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On December 3, 2012, the Plaintiff Company A (hereinafter “Plaintiff Company”) developed, made, and sold female fluzs, and deemed dissolved pursuant to Article 520-2(1) of the Commercial Act. On December 3, 2015, the Plaintiff Company was deemed dissolved pursuant to Article 520-2(4) of the Commercial Act.

B. Plaintiff B is the former representative director and liquidator of the Plaintiff Company, who established and operated the Plaintiff Company D on March 1993 and established the Plaintiff Company around March 1998.

C. The defendant worked in D from May 1, 1992 to November 30, 200, while serving in E, from May 1993 to November 30, 200, and served in the company of the plaintiff from December 1, 200 to June 2008, and was appointed as the auditor of the plaintiff company on March 20, 201.

Plaintiff

Each patent right listed in attached Table 1, which was registered in the name of the company (hereinafter “instant patent”) was registered on May 24, 2005 on the ground that the registration was made in the name of the defendant, and was extinguished on the grounds that the registration was not paid from February 10, 201 to March 10, 201.

E. Each trademark right listed in paragraph (2) of the attached Table No. 2, which was registered in the name of Plaintiff B (hereinafter “instant trademark right”) was registered on April 18, 2005 on the grounds of the expiration of the respective term of existence from January 10, 206 to October 25, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3 through 13, and 27, the purport of the whole pleadings

2. Determination as to the claim

A. The gist of the plaintiffs' assertion was that the defendant failed to perform his/her duty to manage the patent right and trademark right of this case as the auditor of the plaintiff company, but failed to transfer the patent right and trademark right of this case under the plaintiffs' name without permission and refused to return the patent right and trademark right in his/her own name and did not pay the registration fee and to extinguish

The plaintiffs are patented due to the defendant's breach of duty or tort.

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