beta
Text
1. As to each patent right listed in the separate sheet on August 23, 2013 between the defendant and the non-party corporation, the Han River Construction Industry.
Reasons
1. Basic facts
A. The Plaintiff entered into a contract for goods supply of KRW 1.6 km of the Gyeong River Construction Industry (hereinafter “Gang River Construction Industry”) with respect to the portion of 1.6 km of the outer cycle road, tunnel-type soundproof walls, and the amount of goods not paid from the Na River Construction as of May 31, 2013 is the total amount of KRW 309,643,524.
B. On August 23, 2013, 2013, Gaum Construction entered into an agreement on the transfer of each patent right (hereinafter “instant patent right”) listed in the separate sheet (hereinafter “instant patent transfer agreement”). On the same day, the Defendant completed the registration of transfer as to each of the instant patent rights under the Defendant’s name as the receipt of the Korean Intellectual Property Office (2013-047018).
[Ground of recognition] Facts without dispute, entry of Gap evidence 2 through 7 (including each number), the purport of the whole pleadings
2. Determination
A. According to the facts acknowledged prior to the existence of the preserved claim, the Plaintiff, at the time of entering into the patent transfer agreement of this case, has a claim for the amount of KRW 309,643,524 for the purchase of goods with respect to the Han River Construction, and thus the said claim is subject to the obligee’s right of revocation.
B. Comprehensively taking account of the overall purport of pleadings in evidence Nos. 2 through 7, 12 through 20, and 23 through 25, the court below acknowledged the fact that active properties owned by Han River Construction at the time of entering into a patent transfer contract of this case constitute a total of 4,907, 397,034 as shown below except for the patent right of this case, and that passive properties are 6,203, 722,308 won in total. In light of this, even if the accurate assessed assessed values of Han River Construction at the time of entering into a patent transfer contract of this case can be somewhat different, the defendant claims that there is no value of the patent right of this case, and the plaintiff's favorable value of the patent right of this case can be 280,000 won.