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(영문) 서울중앙지방법원 2018.09.21 2016가합572795

전용실시권 등록말소청구

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 12, 2014, the Defendant [ regardless of whether it was before or after the mutual change, the Defendant changed the name to “Lipobolb COMTRATRIONN” from “TRS” (TRUST PAT PATRS) to “ABE” to “the Defendant”; hereinafter, regardless of whether it was before or after the mutual change; hereinafter, “the Defendant”) entered into a monetary loan agreement with the Plaintiff on March 12, 2014 with the following terms, and paid KRW 500 million to the Plaintiff on the same day:

- The amount of loan: 50 million won, the period of loan: 8% per annum: The Plaintiff shall provide each patent right listed in attached Tables 1 and 2 (hereinafter referred to as “instant 1 patent,” and the patent right listed in attached Tables 2 and 2 (hereinafter referred to as “instant 2 patent,” and each of the above patent rights shall be referred to as “each of the above patent rights”) owned by the Plaintiff as security by the date of repayment of the loan and interest.

B. On March 19, 2014, the Plaintiff created a pledge on each patent right of this case (hereinafter “instant pledge”) in order to secure the Defendant’s obligation for the said loan.

C. Upon receiving a request for additional loan from the Plaintiff, the Defendant concluded a monetary loan agreement with the following terms on October 1, 2014, and paid KRW 25,000,000 to the Plaintiff on the same day (hereinafter “instant loan”).

-Loan Amount: 25,00,000 won: Three months from the date of loan, interest rate: 8% per annum, interest rate for delay: 19% per annum, - Furnishing of security: the Plaintiff set up an exclusive license for each of the patent rights of this case owned by the Plaintiff until the date of repayment of the loan and interest in order to secure the repayment of the loan.