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(영문) 울산지방법원 2018.05.17 2017가합23369

위약금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a corporation established for the purpose of manufacturing machinery and equipment construction business, etc., and the Defendant A (hereinafter “Defendant Company”) is a corporation established for the purpose of manufacturing environmental facilities.

Defendant C was the representative director of the Defendant Company from December 2, 2014 to January 2016, and Defendant B is the internal director at the present representative authority of the Defendant Company.

B. On January 4, 2016, the Plaintiff: (a) supplied the Defendant Company with the test drieder (30t, 5t) for the purpose of building sewage sludge, food, excreta, etc.; (b) concluded a contract for the supply of test drieder (30t, 5t) and the patent right transfer limit and technology transfer contract for the test drieder (hereinafter “instant contract”); and (c) the Defendant B jointly and severally guaranteed the obligation to compensate the Defendant Company for damages, etc. under the instant contract. The main contents of the instant contract are as follows; (d) the list of patents subject to transfer under the instant contract is as shown in the separate sheet of patent transfer and takeover.

Article 2 [Subject Matters of Contract] The subject matters of this Agreement are four cases as follows: (1), (2), (3), (4).

(1) The supply of 1st 1st (including peripheral devices, electric process automation), and its design drawings and specifications (including electronic documents) (2) the delivery of 1st 1st (including peripheral devices, 5st 5t), including peripheral devices, and 1st 1st 1st (including electric process automation), and (3) the supply of all patent related to the above (1), (4) (1), (2), and (3) the transfer of all technologies related to the above (1), (4) 1, (2), and (3) are six types of patent rights listed in the list of patent registrations of transfer and takeover attached to this Agreement.

(2) The scope of the technology transfer referred to in paragraph (4) above shall include the production technology and testing technology and operation technology referred to in paragraphs (1), (2), and (3) above, and shall be all technologies for the full use of the technology referred to in paragraphs (1), (2), and (3) above.

[Amount of contract] Article 3-2 (1), (2), (3), (4) of the above Article 2-2-2 (1), (2), (3), (4) of the Act