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(영문) 서울중앙지방법원 2019.03.27 2018가합549683

소유권이전등록

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a inside director of C Co., Ltd. (hereinafter “C”) and a patentee of the patent as indicated in the attached sheet.

B. On December 24, 2014, the Plaintiff entered into a contract with C and the Defendant for transfer and acquisition of goodwill (Evidence A2; hereinafter “first contract”). The main contents are as follows.

Section 1 (Purpose) The purpose of this Agreement is to regulate the matters of rights and obligations related to the transfer to the Plaintiff of the 'D' exclusively owned by C’ and 'E’ of the sales rights and total sales rights.

Article 2 (Business Rights and Total Sales Rights) C shall transfer 'D' and 'E' the exclusive business rights and total sales rights for the manufacture and distribution of goods to the Plaintiff, and with respect to this product, the Defendant shall submit to the Plaintiff documents necessary for the transfer of the patent rights (including patent related to 'D' and 'E' and patent related to the product) and the patent related to 'E', together with this contract, and shall cooperate in other procedures necessary for transfer.

(The right of business and the right of total sales shall apply to all products to which the Defendant’s patent-related matters applied with respect to the above products are, or will be, withdrawn in the future, and the patent shall be transferred to the Plaintiff at the time of completion of the patent).

1.C confirms that the transfer of exclusive business rights has obtained prior approval from the Defendant, and attaching documents of prior approval to the end of this Agreement.

2. At the same time as this goodwill is transferred, C shall continuously transfer to the Plaintiff all the rights and obligations obtained by the product supplier.

3. However, the Plaintiff recognizes all the terms of the contract previously entered into by C with respect to the above product, and C shall attach the relevant documents in this contract.

Article 5 (Appraisal Value)

1. Both parties shall calculate the assessed value of transfer of goodwill at KRW 580,000 per day, and the payment of which shall be made in accordance with the following procedures (Separate No. 1). (A) When entering into this Agreement, full delivery of goodwill (Additional No. 350,000,000 won per day (Additional No. 350,000):