원상회복청구 등
1. The Defendant (Counterclaim Plaintiff) is simultaneously obligated to perform the duty set forth in paragraph 2 from the Plaintiff (Counterclaim Defendant).
1. In early 2015, the Plaintiff agreed to develop the Defendant and B products (hereinafter “instant products”) together with the Plaintiff.
In this agreement, the Plaintiff transferred each patent right listed in the separate sheet from the Defendant (hereinafter referred to as “Korean patent right” and “U.S. patent right” and “the total amount” are referred to as “the patent right of this case” and invested in the development of the product of this case after obtaining intellectual property guarantee in its name. The Defendant was to develop the product of this case by using its technology and bearing personnel expenses.
(2) According to the agreement of this case (hereinafter “Agreement”), the Plaintiff filed an application for a guarantee of intellectual property with the Korea Credit Guarantee Fund on January 12, 2015, and received a credit guarantee from the said Fund thereafter, and borrowed KRW 200 million from the National Bank on April 17, 2015. The Defendant transferred the U.S. patent on February 3, 2015 under the name of the Plaintiff, and transferred the Korean patent on April 3, 2015 to the name of the Plaintiff in the name of the corporation, the representative director of which was located.
On April 10, 2015, the Plaintiff and the Defendant concluded a contract regarding the transfer or acquisition of the patent right of this case including the following:
(hereinafter “instant acquisition agreement”). Article 1(1) of the Agreement aims to transfer the instant patent to the Plaintiff, and to set the rights and obligations between both parties to the instant patent right that the Defendant acquired from the Defendant, in relation to the patent support project of the Korean Intellectual Property Office selected under the name of the Plaintiff based on the patent Class 2 (Patent in the instant case) owned by the Defendant and applied for registration in the name of the Plaintiff.
Article 2 (Terms and Conditions of Contracts) (1) The defendant shall grant the plaintiff a patent of this case on the basis of the date of this contract to be used for the business specified in Article 1, and the plaintiff shall conduct a transfer based on this contract.
② The Plaintiff shall bear the expenses incurred in acquiring the patent right of this case.