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(영문) 수원지방법원안산지원 2020.02.13 2017가합10494
약정금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a German company that manufactures and sells machinery, etc. necessary for the number and search, etc., and the Defendant is a company that manufactures and sells machinery, sells machinery, trade in machinery, etc.

B. From October 2016, the Plaintiff and the Defendant had consulted on licensing agreements for machines the Plaintiff had a patent right. On June 9, 2017, a written statement on cooperation and licensing agreements (hereinafter “instant contract”) related to the A Section A (hereinafter “instant contract”) was prepared, and the main contents are as follows.

1.1. Specialized 1.1. The Plaintiff is a holder of the Nowhoe set forth in this Agreement in relation to the patents as stated in the attached note (7) and in relation thereto, and has the right to provide a license for that patent and know-how.

The plaintiff intends to grant the defendant the right to manufacture the license products and their spare parts.

The plaintiff intends to transfer documents and know-how owned by him in relation to the above production to the defendant.

The plaintiff intends to grant the defendant the right to sell the license products and spare parts thereof to the last user in the market with the defendant's name/ brand.

The term "market" in this context means the United States, India, Russia, Korea, Turkey, Emirate, South Africa and China.

In addition, the defendant can sell the license products to C and D's family companies.

A is willing to grant B the right of sales of the License Products and spare parts for end-user in "The market" under the name/brand of

B. The defendant provided for in Article 11 of this Agreement on February 1, 2012, 201.2. 3.2. 3.2. 3.2. 3.2. 3. 3.2. 3.2. 3. 3.2. 3.2. 3.2. 3.2. 3. 3.4. 3.2. 3.2. 3.2. 3. 3.4. 1. 1. 3.4. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 2.2.

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