계약금 반환
1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 15% per annum from August 26, 2016 to the date of full payment.
1. Basic facts
A. On December 2, 2015, the Defendant concluded a contract on the transfer of the Defendant’s patent right (title of invention: B, patent C, registration date D, hereinafter “instant patent right”) to the Plaintiff, under the brokerage of Chungcheongnamnam Tech, a foundation foundation (hereinafter “ Chungcheongnamnam Tech”); and the main contents thereof are as follows.
(hereinafter referred to as the “instant contract”). In transferring the instant patent to the Plaintiff, the Defendant entered into a contract as follows as a broker of the Chungcheongnam-Namk for the transfer of the instant patent to the Plaintiff:
Article 1 (Definitions of Terms)
1. “Contract Technology” means the patent of this case currently owned by the Defendant.
2. The term "transfer" means the transfer of all of the rights and responsibilities of a patentee as prescribed by the Patent Act;
Article 2 (Registration of Transfer of Patent Right) The plaintiff and the defendant agree to transfer and register the patent right under this Agreement at the plaintiff's expense, and the defendant shall provide the plaintiff with necessary documents at the plaintiff's request.
Article 3 (Price for Transfer) The Plaintiff shall pay the Defendant a total of KRW 100 million (including value-added tax) for the transfer of patent at the time of the conclusion of this contract in cash, but the down payment of KRW 40 million shall be paid within two weeks after the conclusion of the contract, the intermediate payment of KRW 30 million within 180 days after the date of the payment of down payment, and the remainder of KRW 30 million within 180 days after the
Article 4 (Duty of Good Faith and Sincerity) (1) With respect to all matters necessary to satisfy each other the objectives of this contract, the defendant shall fully cooperate with the plaintiff in good faith, and the plaintiff shall also perform the contract in good faith.
② The Defendant is liable to the Plaintiff for the commercialization of the contractual technology under this Agreement (based on the completion of the development of prototypes), and if the commercialization of the contractual technology does not take place within the contract period, this contract shall be automatically null and void, and the Defendant paid to the Plaintiff under this Agreement.