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(영문) 부산지방법원 2018.04.27 2016가단349361
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 5, 2011, C and the Defendant jointly run the boiler manufacture and sales business using waste heat generated from the incineration facility of the mutual incineration boiler in the name of D (C’s spouse) and E (the Defendant’s spouse) to jointly operate the boiler manufacture and sales business. The distribution of profits was 5:5,000 won in cash, and C invested in the supply of technology and the development of new products, and C entered into a partnership agreement with the content that the Defendant will take charge of the development, technical business, and A/S.

B. C and the Defendant, while jointly operating an incineration boiler manufacturing and sales business in accordance with the business share stipulated in the above agreement, issued 5,000 common shares of 20,000 common shares of 5,000 common shares, and established the Plaintiff, a stock company of 100,000 capital, to convert the said business entity from the partnership to the stock company.

C. Before September 2016, the Defendant was in charge of design, development, etc. of the incineration boiler at the Plaintiff’s vice president position. The Plaintiff manufactured the incineration boiler developed and designed by the Defendant and sold it to the east Asia, including Vietnam. The above incineration boiler installed several pipes in a horizontal line to dump, with water-resistant gases in the Pib around the Pib and passing through the Pib, using the sibb’s internal water, following the Defendant’s water-resistant boiler using the sibb’s internal water. Unlike this, the boiler, which passed through the sib boiler’s inside the sib, using the sib, using the sib’s external water scoke.

(iii) [Grounds for recognition] unsatisfy, Gap evidence 1 to 4, Eul evidence 2 to 5, the purport of the whole pleadings;

2. The plaintiff's assertion

A. The Plaintiff, as designed by the Defendant, manufactured the incineration boiler designed by the Defendant and exported it to each business entity of Vietnam as indicated below. The said boiler was installed at the site, and part of the Pib was high.

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