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(영문) 서울중앙지방법원 2017.08.25 2016가합569218

특허권등록말소

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On July 2, 2009, the Plaintiffs transferred the shares of patent rights, etc. held by the Plaintiff Company, etc. to the Defendant on July 2, 2009; however, the Plaintiffs are obligated to pay KRW 50 million for the transfer of shares from the Defendant until July 6, 2009; and the amount of KRW 50 million for the development of patent technology, separate from the transfer of shares, until December 31, 2009. Meanwhile, a patent sharing and technology transfer agreement with the Defendant on June 30, 2010 to borrow KRW 50 million from the Defendant as the due date for payment (hereinafter “instant agreement”).

The terms of the instant contract are as follows. The Patent Right Holder of the instant contract (hereinafter referred to as “A”) and the Defendant (hereinafter referred to as “B” in the instant contract) who wishes to share patent technology enter into a contract for the joint ownership and transfer of patent technology with the following. The definitions of the terms for this contract under Article 1 (Definitions) are as follows:

Patent EF

(b) Patent GH (c) through (k) of this case are omitted;

2. The “special relationship company of Plaintiff A” refers to the Plaintiff Company, I, A, A, Acheon Environment Industry Company, and Somk Somk Stock Company.

Article 4 (Co-owned Technology Transfer) A shall implement the technology transfer for the joint ownership of patents under this Agreement to B as follows:

1. Transfer of 50% of all patent-related technologies referred to in Article 1;

2. Provision of specifications, manuals, specifications, drawings, etc. of patented technology under Article 1;

3. Provision of manufacturing cost, raw materialsdata, processing progress, etc. of the expected patented technology referred to in Article 1;

4. Provision of cost of construction, data on construction, construction technology, etc., of scheduled technology referred to in Article 1;

5. Provision of a test report for water quality analysis of expected patented technologies under Article 1;

6. The patent under Article 1 shall be related to the expected technology;