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(영문) 청주지방법원 2016.11.17 2015가합23151

약정금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff is a non-party C Co., Ltd. (former trade name “D” and “D”) from July 2005 to January 2008.

(2) The Defendant is a company established for the purpose of the mechanical facility construction business, the air-conditioning and heating system business using geothermal heat and heating, etc.

3) D is a company established for the purpose of the sewage treatment facility business, etc., and is holding a patent for “E (Patent Number F)” (hereinafter “instant patent”).

B) On January 25, 2008, the Plaintiff entered into a business patent transfer agreement with the Defendant on January 25, 2008, and the main content of the said agreement (Evidence A2) is as follows (hereinafter “instant agreement”).

(1) Article 1(1) of the Agreement refers to “Plaintiff”. The same applies to this Agreement. The same applies to “Defendant B” as a member of the operating general manager of “A”. The same applies to “A” as a company of the G sewage treatment facilities owned by “A”. The term “A” is a kind of pipe pen that carries pollutants, such as heavy metals and virus vib double-containing microorganisms, etc., that are mixed with the remaining sewage, which are discharged from the G sewage treatment facilities owned by “A”. The term is used in this case as a wastewater treatment method using G as core material, and the term is used in this case as the term “the instant patent.” The purpose of Article 2(a) of the Agreement is to recognize the goodwill and patent rights of “A” and to specify the agreement to guarantee the rights and guarantee the rights accordingly. Article 2(a) of the Agreement is to recognize the business rights of “A”, including the application of design and application, and to recognize the right of “A” to “A” in this case.

1. “A” shall be the delivery or design of a design with respect to the recognition of a right.