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(영문) 서울중앙지방법원 2011.01.26 2010가합984

손해배상(기)

Text

1. Defendant C’s KRW 500,000,000 per annum for the Plaintiff and 5% per annum from January 1, 2009 to October 8, 2010.

Reasons

1. Basic facts

A. On August 1, 2001, Defendant B Co., Ltd. (hereinafter “Defendant Company”) established the Korea Environmental Industry and Technology Institute pursuant to Article 5-2 of the Development of and Support for Environmental Technology Act, amended by Act No. 9335 on January 7, 2009, and Article 3(2) of the Addenda of the Korea Environmental Industry and Technology Institute, and comprehensively transferred the rights and obligations of the existing Korea Environmental Technology Institute at the same time as the establishment thereof.

(hereinafter referred to as “Defendant Technology Institute”) and D Co., Ltd. whose representative is Defendant C entered into an Environmental Technology Development Project Convention (hereinafter referred to as “instant development agreement”) with the term “E development” as a research task (hereinafter referred to as “the instant research task”). The main contents are as follows:

The name of the project: The name of the project (the name of the project in this case) - unit project (the name of the project in this case): The name of the project in each field of integrated environmental management (the name of the export promising environmental technology): The name of the project subject: The name of the project in each field of processing facilities and equipment - The total development period: from August 1, 2001 to July 31, 2002 (36 months): the Convention Research and Development Period (the relevant year): the name of the representative director from August 1, 2001 to July 31, 2004: the name of the project in the overall control agency of the parties to the agreement: the representative of the project in each of the main research institute of the defendant Technology: the representative of the defendant company and the representative director of the D Co.,, Ltd. (the execution of the development project) shall be adjusted and supervised in accordance with the project plan by adding the project plan.

Article 9 (Utilization of Business Results) (1) If a successful evaluation is conducted pursuant to Article 34 of the Operating Rules, B shall immediately be notified of the final evaluation results to Byung and enter into an implementation contract after commencing consultation on the conclusion of the implementation contract, as prescribed by the Operating Rules and Guidelines.

B. H as of July 8, 2003, the representative director of the Plaintiff (it is established on July 8, 2003).