약정금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. Basic facts
A. The Plaintiff (former names: Q) was an internal director of a stock company C (hereinafter “C”), and the Defendant is a company that engages in the business of manufacturing automobile parts.
R is a defendant's internal director from October 7, 2014 to the defendant's internal director, and from May 3, 2016 to the defendant's representative director.
B. D, while operating “S”, shall set forth a list in attached Form A, which is a technology for manufacturing automobile parts on H date.
Schedule B of the patent stated in the subsection, M. date.
Each application for patent right described in the subsection was filed.
D The Schedule A to C on December 1, 2009.
The patent right described in paragraph (1) has been transferred, and the subsequent list of patent applications has been filed.
The patent right in C was registered with the holder of the right to file a report on the change of the right to the patent mentioned in paragraph
(A) Each patent right listed in the attached Table (hereinafter referred to as “instant patent”). (c)
C On May 9, 2011, as an employee E borrowed money, C was unable to repay it, the registration of the transfer of the patent in this case was completed.
D A. On November 9, 2011, filed a lawsuit against C and E seeking the cancellation of the patent transfer registration of this case.
(Seoul High Court 201Gahap1373). The appellate court rendered an adjustment, under the condition that D would pay D, etc. KRW 280 million to E, etc. until November 30, 2013 (Tgu High Court 2012Na3877), on the condition that D would be transferred the patent right of this case (Tgu High Court 201Na3877), and D could not pay the price by the prescribed deadline, and D could not have been transferred the patent right.
E. On February 25, 2014, the Defendant concluded a contract to transfer the instant patent right in KRW 200 million (hereinafter “instant transfer contract”) with the Plaintiff and U as follows.
1. E is a patentee of the patent of this case. At the same time, E is paid with the transfer price of KRW 100 million by the Defendant and takes the procedure for the cancellation of provisional disposition in D name, and implements the procedure for the transfer registration of the patent of this case against the Defendant.
2. The plaintiff is the plaintiff's creditor.
The patent right of this case is the exclusive licensee.