1. On January 7, 2013, the deposit money for KRW 5,882,280 deposited by the Republic of Korea as a gold No. 124 in 2013 at this Court.

The main lawsuit and counterclaim shall be examined together.

Basic Facts

On December 17, 2010, the non-party 2307 unit under the jurisdiction of the Republic of Korea (hereinafter collectively referred to as the "Korea's unit") announced the public announcement of the construction of major wastewater treatment facilities in the Hanwon-gun located in the Hanwon-gun, as one-way competition contract, and the construction of major wastewater treatment facilities in the Hanwon-gun-gun (hereinafter referred to as the "each of the wastewater treatment facilities of this case"), and the defendant bid for this and won a successful bid for each of the construction works.

On November 17, 2010, prior to the tender notice, Korea concluded an agreement with the Plaintiff, the exclusive licensee of the patent right of “D” new technology (patent E; hereinafter “instant new technology”), allowing the Plaintiff to use the said new technology with respect to machinery and equipment, internal electric power, etc. at the time of the tender notice. At the time of the tender notice, the said new technology was used for each of the instant sewage treatment works, and the successful bidder concluded an agreement on goods supply or technical support with the Plaintiff and submitted the said agreement at the time of conclusion of the contract.

The main contents of the above Convention between the plaintiff and the Republic of Korea attached at the time of the public notice of tender are as follows:

Article 3 (Scope of Use and Term of Convention) (1) The binding force of this Convention is limited to the scope of the use of patents necessary for the construction of the facility in this case.

(2) If a dispute arises in the scope of a patent required under the preceding paragraph, it shall be determined by Korea.

(3) The scope of a patent construction method shall be within the scope of protection of a patented invention under Article 97 of the Patent Act, such as machinery and equipment and

Article 4 (Implementation of Construction Works) (1) Matters concerning subcontracting, etc. shall be determined exclusively by the determination of the successful bidder for the installation works of the instant facilities.

Article 7 (subcontracts, etc.) (1) If all or part of the construction works for which patent technology is used under Articles 3 and 4 do not utilize the technical know-how of the technology holder, it is impossible to secure construction and quality, or special equipment, etc. owned by the technology holder.