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(영문) 서울중앙지방법원 2015.05.14 2013나56715

지급보증금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. According to the Plaintiff’s Republic of Korea, the Italy held an exclusive right to obtain a patent other than the United States listed in the Schedule 2 attached to the License Agreement, and Plaintiff Audio MP3 (hereinafter “Plaintiff Aude”) to use the digital voice signal transmission method in Italy in the digital voice signal transmission method, etc.: (a) the Plaintiff’s Republic of Korea (hereinafter “Plaintiff Aude”) is a company with exclusive right to obtain a license for a third party with the patent right other than the United States listed in Schedule 2 attached to the License Agreement; and (b) Plaintiff Aud Mck (hereinafter “Plaintiff Aude”).

When referring to both the SP and MP, 'the Plaintiff Company'.

The Plaintiff Company is a corporation with exclusive right to obtain license from a third party the U.S. patent right listed in Schedule 1 of the License Agreement attached as above in the U.S., and the Plaintiff Company is a private media corporation (hereinafter referred to as “private media corporation”) as follows:

B. Around December 2004, private media entered into a license agreement with the Plaintiff Company on the use of the patent right owned by the Plaintiff Company for a period of five years from January 1, 2005. The main content is that private media would provide the Plaintiff Company with a certain percentage of patent fees on the basis of the number of licensing products manufactured, used, sold, or disposed of otherwise, using the patent owned by the Plaintiff Company (Article 4 of the above agreement) and delay in the payment (Article 5.07 of the above agreement), monthly interest shall be paid (Article 5.07 of the Agreement), prior to the payment of patent fees, the number of products manufactured in accordance with the license agreement and the total amount of patent fees in accordance with the license agreement, and the performance guarantee agreement shall be submitted to the Plaintiff Company as part of the performance guarantee agreement, and the performance guarantee agreement shall be made in accordance with the performance guarantee agreement.