logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2017.02.08 2015가합4930
손해배상(기)
Text

1. It is based on the Jeonju District Court Decision 2013Gahap859 Decided August 30, 2013 against the Plaintiff of Defendant A.

Reasons

Basic Facts

A. Defendant A Co., Ltd.’s claim 1) Defendant A Co., Ltd. (hereinafter “Defendant Company”).

(2) On August 30, 2013, the Defendant Company filed a lawsuit against the Plaintiff to pay the Plaintiff the fee for the non-exclusive license, including C, to the Jeonju District Court (hereinafter referred to as the “Plaintiff”). On August 30, 2013, the Defendant Company rendered a favorable judgment that “The Plaintiff shall pay to the Defendant Company the amount of KRW 240,00,000 and the amount calculated at the rate of 20% per annum per annum from January 17, 2013 to the date of full payment” (Article 2013Gahap859 of the Jeonju District Court), but the Plaintiff appealed, but became final and conclusive as the said judgment was dismissed.

(hereinafter referred to as the “instant royalty claim”) against the Plaintiff by the Defendant Company according to the above judgment. B

On November 14, 2013, Defendant B deposited KRW 230,290,914 with the execution bond against Defendant B’s Defendant Company as the execution bond of KRW 230,290,914 (Seoul Southern District Court Order 2013TTTTT 2319). (2) On April 7, 2014, the Plaintiff deposited KRW 298,652,060, which is the total amount of the principal and interest of the instant usage fee claim, to the Jeonju District Court on the ground that the seizure and collection of the instant usage fee claim competes with the seizure and collection of the instant usage fee claim.

(C) On August 8, 2014, the Seoul Southern District Court (Seoul Southern District Court D) followed the distribution procedure of the instant deposit on August 8, 2014 (Seoul Southern District Court D). In the said distribution procedure, the distribution schedule that Defendant B would receive KRW 208,980,312 as the collection right holder was prepared. (4) The Defendant Company raised an objection to the entire amount of the dividends of Defendant B during the said distribution procedure, and only distributed dividends for the portion without objection.

On September 11, 2014, the Seoul Southern District Court issued a certificate that Defendant B would be entitled to receive the principal amount of KRW 99,605,438 and interest KRW 97,681 out of the instant deposit.

arrow