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| TITLE | Supreme Court Decision 2014Da27425 Decided September 26, 2017【Damages (Etc.)】 [full Text] |
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| Summary | |
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[1] If an invention compared to a patent invention only contains parts of the essential elements described in the patent invention claim, whether said invention falls under the scope of right to the patent invention (negative in principle) [2] Meaning and criteria for determination of “performing a specific affair,” an employer’s liability requirement prescribed under Article 756 of the Civil Act Whether in such case the relationship between an employer and an employee is confined to a valid employer-employee relationship (negative) [3] Requirements for a company’s representative director to be held liable to compensate for damages due to a tort pursuant to Articles 210 and 389(3) of the Commercial Act Meaning of “act of business administration” under Article 210 thereof If an act was considered to fall under the “act of business administration” by a representative director of a company, whether said company is liable to compensate for damages, notwithstanding that the pertinent act was performed for the representative director’s own gain or was in violation of relevant laws (affirmative) [4] In a case where a person wrongfully obtained confidential business information, whether that wrongful act alone can be deemed an encroachment on the profits of the owner of the confidential business information, irrespective of whether that person actually used the information (affirmative), and in such case, meaning of “benefits reaped through obtaining confidential business information” [5] In a lawsuit seeking compensation for damages due to a tort, where the fact that damage had occurred is acknowledged but the specific amount of damage is considerably difficult to prove given the nature of the pertinent case, whether a court may determine the compensation amount by comprehensively factoring in the indirect facts that were revealed based on the examination of evidence and the purport of the entire argument (affirmative) |
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