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(영문) 수원지방법원여주지원 2015.09.17 2014가합986

손해배상(지)

Text

1. The Defendant: 117,520,520 won to Plaintiff A and 5% per annum from July 2, 2015 to September 17, 2015; and

Reasons

1. Common factual relations;

A. The plaintiffs are married couple, and the defendant is the person who registered the patent (registration number E) with respect to D on October 27, 2006.

B. On October 28, 2010, Plaintiff A entered into a partnership agreement with Defendant, F, and Defendant to engage in the business of manufacturing and selling “D” registered as a patent (hereinafter “instant business”). The main contents of the agreement are as follows:

(Provided, “A”, “B”, “B”, “B”, “B”, “B”, after the conclusion of this Agreement, shall jointly file an application for a patent under a joint name with respect to the ownership of the right to the patent in the name of the joint owner of the patent after the conclusion of this Agreement.

In addition, the detailed trade name and organization of the company shall be governed by the separate agreement for the composition of the company.

Article 3(Manufacture)(Art. 3) is a patentee who has the following patent technology in relation to the manufacture and provides Party A with relevant technology and know-how as a partner and joint owner of this contract:

(hereinafter omitted) Article 4 (Contributions) A shall contribute to the following funds it owns:

1. Investment amount: Costs of making samples 2: Costs of making samples 3: Costs of making samples; Article 5 (Investment Noisle, etc.);

1.B shall contribute to the supplementation and maintenance of relevant personnel and equipment and the management and production activities by investing all of its patents and related know-hows in the manufacturing process of the incorporated company in good faith; and

2. The equity interest in B under this Agreement is agreed to be calculated at 50%.

(hereinafter) Article 13 (Termination)

1. No one of the parties may terminate a contract unilaterally during the effective period of this contract, unless it is agreed upon by both parties, after the establishment of a company under this contract.

2.Notwithstanding paragraph 1, a Party which has caused an event of termination of a contract shall be the company.