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(영문) 서울중앙지방법원 2015.01.20 2014나15254
기술료
Text

1. The defendant (the intermediate confirmation plaintiff)'s appeal is dismissed.

2. The intermediate confirmation of the defendant raised in the trial.

Reasons

1. Determination as to the cause of the principal claim

A. (1) On April 1, 2003, the Korea Institute of Industrial Technology Evaluation and Planning entered into an agreement on a project for technological innovation development of small and medium enterprises (hereinafter “instant agreement”) with the Defendant, and paid the Defendant KRW 56.7 million as the project cost for technological development.

(1) The name of the technology development project subject: The golf sports track for the 200 Formula One and the spin measurement and development of technology.

Provided, That if any cause, such as failure to pay royalties, occurs, it shall belong to the Government.

(5) Where technology development is judged and notified successfully pursuant to Article 22 of the operating guidelines, the defendant shall also submit an amount equivalent to 30% of the Government contributions referred to in Article 32 to the Korea Institute of Industrial Technology Evaluation and Planning as a promissory note of a bank to the said Institute.

Provided, That if a bank fails to issue a promissory note, it may submit it as a payment guarantee insurance policy, notarized promissory note or bank payment guarantee certificate.

(6) The defendant shall comply with Article 11 (Compliance with Related Acts and Subordinate Statutes), the Enforcement Decree of the Small and Medium Enterprise Innovation Promotion Act, the Enforcement Rule thereof, the guidelines for operating projects for technological innovation and development of small and medium enterprises,

(2) On November 24, 2004, the Korea Institute of Industrial Technology Evaluation and Planning determined the defendant's success in the performance of the defendant's task under the Convention and determined the defendant's success in the performance of the defendant's task under the Convention, and the defendant's royalties of 30% out of 56.7 million won paid by the defendant under the Convention.

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