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(영문) 서울남부지방법원 2015.08.26 2014가단226240
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts are acknowledged in full view of Gap evidence No. 1, No. 2, Eul evidence No. 1 and the purport of the whole pleadings.

A. On February 4, 2006, the Plaintiff and the Defendant entered into a contract for the transfer of the Kamera (hereinafter “instant utility model right”) using the Kamera device and its monitoring system (hereinafter “instant utility model right”) (hereinafter “instant transfer contract”), and its main contents are as follows.

Article 1 (Purpose) This Agreement provides for all matters concerning the transfer of research and development of a camera device with Esdi functions between the Defendant and the Plaintiff and its monitoring system using it.

Article 2 (Terms of Contracts)

1. From the date of conclusion of this contract to the date of termination of this contract, the Plaintiff changed the name of the Plaintiff to the Kamera device with OSdi function and the owner of the utility model right B who has registered his monitoring system using it, and the patent right

2. All intellectual property rights related to the carmera devices with Esdi functions and the results of the monitoring system using them under this contract shall belong to the Plaintiff.

3. The defendant shall transfer to the plaintiff all of the research and development manpower (in principle, not less than two persons) of the camera devices with OSdi functions from the date of this contract to the date of termination of this contract and the monitoring system development manpower using them.

The defendant shall obtain prior consent from the plaintiff when there is a change in the research and development manpower.

Article 3 (Term of Contract)

1.The term of validity of this contract shall, in principle, be 10 years from the date of conclusion of the contract, and, in the event that the relationship of partial rights and obligations between the parties continues under this contract, it shall be deemed that it shall remain in force until the end of the relationship

Article 4 (Transfer Price)

1. Camers with scardi functions paid in return for the provisions of paragraphs (1) through (4) of Article 2 and monitoring systems using them;

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