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(영문) 특허법원 2019.08.29 2019허145
청구이의의 소
Text

1. The Defendant’s decision on April 30, 2019 to determine the amount of litigation costs (No. 2019 Chicago1981) against the Plaintiff is based on the final decision of the Patent Court.

Reasons

1. Indication of claim;

A. On April 30, 2019, the Defendant filed an application against the Plaintiff for confirmation of the amount of litigation costs relating to the invalidation of registration (D) case, Patent Court Decision 2018Heo3413, and this Court rendered a decision on April 30, 2019 that the Plaintiff’s reimbursement to the Defendant is KRW 7,410,300, and this was served on the Plaintiff and the Defendant.

B. Accordingly, on June 17, 2019, the Plaintiff transferred the said amount of KRW 7,410,300 to the Defendant’s account and repaid the said amount.

C. Therefore, since the Defendant’s above claim against the Plaintiff was entirely extinguished due to the final determination of litigation costs, compulsory execution based on such determination shall be dismissed.

2. Judgment on deeming confessions based on the grounds (Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act);

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