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(영문) 특허법원 2018.10.10 2017나2141
실시료 등 청구
Text

1. Of the judgment of the court of first instance, Defendant New Chang-Tech Co., Ltd. equivalent to the amount ordered to pay below.

Reasons

1. Basic facts

A. A. On March 2010, the Plaintiff entered into an agreement on the instant use between the Plaintiff and the Defendant Korea Highway Corporation (hereinafter “Defendant Corporation”) with the Korea Highway Corporation (hereinafter “Defendant Corporation”) to use a patent (registration number D; hereinafter “instant patent”) invention related to “C” among the “construction works on the Section A between the 30 Residential and Young-Buk Construction Works on the Expressways” (hereinafter “instant prime contract construction”) ordered by the Defendant Corporation (hereinafter “instant prime contract construction”).

The main contents thereof are as follows:

Article 1 (Purpose) The purpose of this Convention is to enter into an agreement on the use of the said new technology (patent) as the owner of the said new technology (patent) so that successful bidders of the said construction work can use the said new technology in the said construction work, as the owner of the said new technology (patent) against the project district of the expressway No. 30 to the

Article 6 (subcontract, etc.) (1) Where all or part of the construction work for which a new technology under Article 4 is used is possible to secure construction and quality by utilizing the technical know-how of the technology holder or it is possible to secure construction and quality by using the special equipment, etc. owned by the technology holder, the plaintiff may enter into a subcontract for the relevant part from a successful bidder.

(2) Where the plaintiff receives a subcontract from a successful bidder pursuant to the provisions of paragraph (1), the plaintiff shall enter into a subcontract for the scope of the subcontract through a smooth consultation with the successful bidder, and where the consultation is not possible, the plaintiff shall enter into the subcontract by mutual consultation between the successful bidder and the plaintiff on the basis of the amount obtained by multiplying the design amount (including miscellaneous expenses) of the detailed design statement attached to the scope of the

Article 7 (Conclusion of Detailed Use Agreements) The successful bidder and the plaintiff of the above construction work shall be subject to this Convention.

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