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(영문) 창원지방법원 2016.10.28 2015가단80259
위약금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 100,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from July 29, 2015 to September 30, 2015.

Reasons

The main lawsuit and counterclaim are also examined.

1. Basic facts

A. The parties concerned are companies engaged in the maintenance of power generation facilities and parts manufacturing business at the above address. The plaintiff is a person who worked as the representative director of the defendant company from October 2006 to January 2007, and the plaintiff operates the power generation facility parts manufacturing company from the window C of Changwon-si to the trade name "D".

B. The Defendant of the patent right and the utility model right in this case owns the utility model right (hereinafter “the utility model right in this case”) and “I” (the registration number J, the filing date K, and the registration date L) of “E” (hereinafter “the utility model right in this case”).

C. In around 2011, the previous disputing party filed a complaint against the Plaintiff on suspicion that the Plaintiff produced and sold the devices infringing the Defendant’s patent right and the utility model right of the instant case, and filed an application for provisional disposition prohibiting infringement of the utility model right (U.S. District Court subsidies 2011Kahap161) and a lawsuit claiming compensation for damages (the aforementioned support 201Kahap7403) against the Plaintiff by asserting that the Plaintiff infringed the utility model right of the instant case.

The plaintiff filed a petition against the defendant for an invalidation trial against the utility model right of this case with the Korean Intellectual Property Tribunal.

The Plaintiff and the Defendant agreed to terminate the instant dispute on November 21, 201, and agreed as follows:

(hereinafter “instant agreement”). 1. The Defendant shall pay 16,00,000 won to the Plaintiff.

2. The defendant shall immediately withdraw the application filed against the plaintiff for provisional injunction against infringement of the utility model right and the application for damages on the date of this agreement.

3. Omitted.

4. Prior to the date of agreement, the Defendant does not raise a civil or criminal objection against all the Plaintiff’s practice (supply, construction, operation, etc.) involving the Defendant (including company name, all documents, and intellectual property rights).

5. The plaintiff is the defendant.

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