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(영문) 서울고등법원 2015.10.14 2014나56708
특허출원인명의변경
Text

1. As to the claim for damages relating to patent rights of Q2 invention in the judgment of the court of first instance

A. Defendant B.

Reasons

1. After the remand, the plaintiff at the first instance court dismissed the claim for damages against the defendants as to the patent right of Q22 invention, the claim for damages due to embezzlement against the defendant C and D, the claim for payment of the patent right transfer registration procedure against the defendant Eul, the claim for damages due to the use of business funds against the defendant C and the claim for joint and several liability concerning the loan and retirement allowance as preliminary and preliminary. The court at the first instance court dismissed the plaintiff's claim for payment of the patent transfer registration procedure against the defendant C and D and the claim for damages against the defendants as to the patent right of Q22 invention against the defendant C and D, and partly accepted the claim for damages due to embezzlement against the defendant C and D. The main claim for the use of the business funds against the defendant C is dismissed, and the decision of acceptance of the claim for joint and several liability against the defendant C was rendered.

On the other hand, as to the main claim for damages caused by the use of business funds against Defendant C, and the main claim for preliminary loan and the claim for joint and several liability for retirement allowances, the losing plaintiff and Defendant C did not appeal, and it became final and conclusive at the same time as the judgment of the appellate court before remanding the case, since they were not subject to adjudication of the appellate court before remanding the case, they were excluded from the subject of adjudication after remand.

In addition, the judgment prior to remand was modified by the first instance court, and the judgment partially accepted the Plaintiff’s claim for damages relating to the patent right of Q22 invention against the Defendants, and the Plaintiff’s claim for damages due to embezzlement against Defendant C and D, and dismissed the Plaintiff’s claim for the performance of the patent transfer registration procedure against Defendant B. Accordingly, the Defendants appealed only as to the claim for damages relating to the patent right of Q22 invention.

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