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(영문) 청주지방법원제천지원 2016.06.30 2015가단3170

손해배상(기)

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. On November 2010, the Plaintiff and the Defendants registered as a procurement company for solar power generation-related government procurement projects to promote the business of selling solar power-related products (hereinafter “instant business”) and became a third party unit price contract procurement registration company of the Public Procurement Service around March 201.

(b) Products designated and publicly notified by the Administrator of the Public Procurement Service as exemplary procurement commodities may be negotiated contracts in the State, local governments, etc. without undergoing general competitive bidding;

(1) Article 7(1) of the Act on Contracts to Which the State is a Party, Article 26(1)3(f) of the Enforcement Decree of the said Act, and Article 18 of the Enforcement Decree of the Procurement Act. On August 2011, the Plaintiff and the Defendants used a patent on the so-called “patent of this case” (hereinafter referred to as the “instant patent”) for the purpose of promoting the business of selling the solar power-related products designated by the Administrator of the Public Procurement Service as the exemplary procurement commodities by the Administrator of the Public Procurement Service and for the purpose of promoting a free contract after being designated as the exemplary procurement commodities by the Administrator of the Public Procurement Service.

C. On August 12, 2011, Defendant B: (a) determined advance payment of KRW 50,000,000 among the royalties; and (b) 2.5% of the total sales amount generated from the manufacture and sale of the product using the instant patent; (c) entered into an exclusive license agreement with the content that the contract period is three years from the date of entering into the contract; and (d) paid KRW 50,000,000 to the KEL around that time.

Article 15(1) of the above Exclusive License Agreement provides that "The other Party may request correction of an objection within a specified period of 30 days when any of the following causes occurs, and if no correction is made within that period, this Agreement may be terminated in writing."