약정금
1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.
2. Of the costs of lawsuit.
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. On June 16, 2007, the Plaintiff entered into a technology development investment contract with the Defendant with the following content:
(hereinafter “instant contract”). 1. The Defendant shall make conditional investment to the Plaintiff with the technology development and patent promotion fees for the listed technology as follows:
(C/Applicant) No. B (Plaintiff) of the relevant technical patent
(b)The retainers KRW 35 million shall be paid at the same time as this Agreement is applicable.
The commencement shall be confirmed to be a cost securing the following items:
B-1. In return for the receipt of the retainers, the Plaintiff shall ensure that all technical assistance necessary for the registration and utilization of the technology, such as the development, supplementation, explanation, and public relations of the above patent technology
B-2. In return for the receipt of retainers, the Plaintiff promises to transfer the Plaintiff’s rights to the previous registered Plaintiff and the Defendant’s two patents under the joint name to the Defendant, if the said patent was rejected.
C. At the time of patent registration, the Plaintiff and the Defendant immediately agreed to share the pertinent patent by reflecting the patent right.
At the same time, the defendant shall pay 15 million won in addition to the amount already paid, at the same time as the patent registration and the registration of the right to shares of the defendant.
Provided, That this shall not apply where the registration of the relevant patent is refused from the Korean Intellectual Property Office.
2. The defendant shall bear the expenses relating to the relevant patent application and registration process separately;
4.The term of validity of this Agreement shall be from the date of the contract to the date of the above-mentioned patent registration or decision of refusal.
B. The Plaintiff was paid KRW 35 million from the Defendant on the day of the instant contract.
C. The above patent application technology under the contract of this case filed by the Plaintiff was registered as D Patent Number E with the Plaintiff as the patentee.
(hereinafter referred to as “instant patent”). [Grounds for recognition] The fact that there is no dispute, entry in Gap 2, 3, and 4 evidence (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings.
2. The Parties.