전용실시권 등록절차 이행청구의 소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. The Defendant is a person who has developed the parking system with C (hereinafter “instant parking system”) and acquired a patent as indicated in attached Form 1 (hereinafter “instant patent”) around 2009.
B. On November 11, 2013, the Defendant entered into a contract with the Plaintiff to set up an exclusive license for the patent of this case (hereinafter “instant exclusive license”) (hereinafter “instant contract”). The main content is as follows.
Article 1 (Purpose of this Convention) The purpose of this Convention is to grant an exclusive license to the Plaintiff with respect to the following technical rights owned by the Defendant, and to grant an exclusive license to the Plaintiff in cases where the following technologies, such as the permission, product recognition, inspection, and funds, are actively reflected in each construction work, and the following technologies are directly subcontracted construction works reflected in the design or awarded in the form of subcontracting:
- Article 2 (E) (1) The term of this contract shall take effect from the date of conclusion of the contract and shall continue to be extended in the absence of special objections between the parties.
(2) The Plaintiff shall manage technical assistance, and the Defendant shall operate with respect to manufacturing (production), construction, A/S, external administration, exploitation of markets and institutional sales, general sales, sales, sales offices, and management and operation.
(3) The plaintiff shall operate a construction team and a A/S team for each factory and each business, and the defendant shall take charge of human resources education and training.
Article 3 (Duty) (2) The defendant's obligation: The defendant shall provide the plaintiff with technical data necessary for the business and construction.
4. The plaintiff shall pay all labor costs and other expenses subsidized to the defendant.
Article 4 (Payment of Price for Exclusive License) The plaintiff shall enter into an agreement on exclusive license with respect to the defendant's patent right.
(1) The defendant shall participate as a director of the plaintiff company, and 25% shares.