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(영문) 의정부지방법원 2019.02.15 2018가합51256

선급실시료 지급청구의 소

Text

1. The Defendant shall pay to the Plaintiff KRW 250,00,000 and the interest rate of KRW 15% per annum from March 9, 2018 to the date of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is a person holding a patent related to C (patent D; hereinafter “instant patent”), and the Defendant is a corporation established for the purpose of distributing, processing, selling agricultural products.

Article 3 (Scope of Executing Rights) The scope of Executing Rights under this Agreement shall be as follows:

Implementation Period: From October 2016 to October 2021, it is possible to extend the period again.

2. Details of implementation: Sale of rice products;

3. A license area: After completion of a contract under Article 4 (Non-exclusive License Agreement) of the South-Syang-si, the plaintiff shall cooperate with the defendant in using the right to sell rice products (matters of implementation) pursuant to Article 3 of the non-exclusive license after receiving advance payment.

(Omission) Article 5 (Execution Fee) The defendant shall enter into a contract with the advance payment payment fee of KRW 250,000,000, and the defendant shall pay to the plaintiff in cash on the day when the plaintiff requests from the date when the contract becomes effective to the plaintiff.

B. On October 2016, the Plaintiff and the Defendant permitted the use of a non-exclusive license with the purpose of producing and selling rice storages by using the instant patent, and concluded a contract with the Defendant to receive KRW 250,000,000 as advance payment (hereinafter “instant contract”).

The main contents of the instant contract are as follows.

C. After entering into the instant contract, the Defendant newly constructed a factory for the production of rice2, and prepared a business plan, etc. for the production of rice2, registered the trademark, and purchased machinery, and the Plaintiff cooperateed with the Defendant by providing the Defendant with a copy of the patent certificate.

When the Plaintiff requested the Defendant to pay advance payment, the Defendant would obtain a loan from the Small and Medium Business Corporation by using the instant patent and would pay advance payment. On November 2017, the Defendant notified the Plaintiff of the suspension of rice booming business and applied for a patent to the E-day F.