실시료 등 청구의 소
1. The Defendant’s KRW 208,000,000 as well as 6% per annum from January 16, 2017 to November 13, 2017 to the Plaintiff.
1. Basic facts
A. On July 2009, the Plaintiff entered into an agreement on the use of new technology with the Korea Highway Corporation for the purpose of using a patent (registration number No. 10-0423757, hereinafter “instant patent”) as to the “construction work for the 65th East Sea Highway (Orders 65) and the 7 sections for the 7th sections of the Highway (Orders) (hereinafter “instant construction work”), which was ordered by the Korea Highway Corporation, with respect to the “construction work for the 65th East Sea Highway” (hereinafter “instant construction”).
B. On September 10, 2009, the Korea Expressway Corporation concluded a contract for the instant construction project with the Defendant and the Korea Highway Corporation (hereinafter “Korea Expressway Corporation”) on the basis of a joint recipient (share ratio: 64%, and 36%, respectively).
C. On August 23, 2012, the Plaintiff entered into a contract with the Defendant to grant a non-exclusive license on the patent of this case to the Defendant with respect to the construction work of 1 and 2, among the instant construction work, and to provide technical support necessary to carry out the said construction work (hereinafter “instant contract”). The main contents are as follows.
Article 3 (Scope of Non-exclusive License) (1) The defendant shall have a non-exclusive license for the patent of this case at the 1st and 2nd classes.
(2) The defendant may perform construction works on the upper structure of a bridge 1,2 bridge based on the patent of this case.
Article 4 (Period of Establishment of Non-Exclusive License) The defendant has a non-exclusive license for the patent of this case during the period of construction of the 10th and the 2nd class from the contract date.
Article 5 (Patent Fees and Royalties) (1) After the conclusion of this Agreement, the Defendant shall pay 500,000,000 patent fees to the Plaintiff within 30 days from the date of the contract as security for the construction work of the Jinsan 1,20,000 construction work, and the Plaintiff shall be paid KRW 500,000,000 as technical support costs to the Plaintiff.
(2) The technical assistance costs under paragraph (1) shall be paid within 15 days from the date the defendant receives the progress payment.