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(영문) 서울중앙지방법원 2016.03.30 2014가단5122446

기술료

Text

1. The Defendant: (a) KRW 4,449,00 to the Intervenor succeeding to the Plaintiff and KRW 5% per annum from April 1, 2014 to March 30, 2016; and (b).

Reasons

1. Basic facts

A. On January 18, 2010, the Administrator of the Small and Medium Business Administration publicly announced an implementation plan for a new product development project on condition of purchase, which is a project to support tasks adopted by a technology demand center, such as large enterprises, public institutions, and the Government by clarifying their intent to purchase and by proposing the development of technology, with the Government’s subsidy necessary for technological development to small and medium enterprises and, if successful in technological development, is refunded

B. On December 24, 2010, the Defendant submitted a business plan, etc. and entered into an agreement on a new product development project with the Plaintiff, a specialized institution, on condition of purchase (hereinafter “instant agreement”), and the content thereof are as follows.

1) Terms and conditions of a contract. (1) A project: (2) The period of development of technology: From November 1, 2010 to October 31, 2012; (3) the development of technology: the Government contributions amounting to KRW 300 million; and (2) the Defendant contributions amounting to KRW 100 million: the Plaintiff shall be paid to the Defendant for the development of technology (government contributions).

The defendant shall use the above money for each item specified in the business plan separately from other business funds (Article 3). The collection of royalties shall not be made for any purpose other than the purpose of this technology development (Article 3). The defendant shall pay to the plaintiff an amount equivalent to 20% of the government contributions if he/she is notified of early completion or success as a result of the Jindo-do, the phase or the final evaluation pursuant to the provisions of Articles 23, 24, and 25 of the Operating Guidelines for the Small and Medium Enterprise Technology Development Support Project (hereinafter referred to as the "Operation Guidelines").

On December 23, 2010, the Defendant developed a real-time monitoring device with the government contributions for new products development projects subject to purchase, and entered into a technical development standard contract with the Korea Meteorological Administration.

According to the above contract, a specialized institution.