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1. The Defendant’s KRW 30,000,000 and its related amount are 5% per annum from March 31, 2016 to October 4, 2016 to the Plaintiff.
Reasons
1. Judgment on the ground of the plaintiff's claim
A. Facts of recognition 1) The defendant shall be the defendant A and B (hereinafter "the defendant, etc.")
(C) The patent right “C” (registration number: D; hereinafter “instant patent right”) together with the patent right
(2) On April 11, 2013, the Plaintiff entered into a patent-related non-exclusive license agreement (hereinafter “instant agreement”) with the Defendant, etc. with respect to the patent right of this case as follows, and paid KRW 30 million to the Defendant, etc.
Article 1 (Purpose) The purpose of this Agreement is to prescribe all matters necessary for the establishment of an exclusive license for the patent right of this case owned by the defendant and others against the plaintiff.
Article 3 (Contents of License) (1) The defendant et al. shall establish an exclusive license with the plaintiff's consent to practice the patent of this case in the Gyeongbuk-do sea area in accordance with the terms and conditions of this Agreement.
(2) A license under paragraph (1) means a right to manufacture and sell products using the patent of this case.
Article 4 (Period of Execution) The term of this Agreement shall be from April 1, 2013 to March 30, 2016, Article 5 (Price for Implementation) ① The Plaintiff shall pay the following royalty to the Defendant, etc. in consideration of the license:
1. Guarantee money: 30,000,000 won (three million won);
2. Ordinary technical fees: during the implementation period under Article 4, the Plaintiff shall pay 10% of the total construction cost of this contract to the Defendant, etc. in cash under Article 6 each year.
1. Net construction cost (materials cost, labor cost, and expenses);
2. General management expenses;
3. Profit;
4. Waste treatment fees;
5. In the case of reserve materials expenses, the amount of the total construction amount after the exclusion of value-added tax from the five items above. (2) In the case that the plaintiff fails to pay samples of the loss within the prescribed period, he/she shall pay compensation for delay applying the interest rate on fixed deposits (or loan interest rates) of the principal transaction financial institution of the defendant, etc. as at
Article 6 (Calculation of License Fees) The plaintiff shall set forth in Article 5.