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(영문) 서울중앙지방법원 2019.04.19 2018가합513387
계약대금 반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

(a) Name of the patented invention 1) invention: C2) Date of application/registration number/application number/registration number: D/E/F/G 3 patentee: H:

B. 1) Date of application/registration date/application number/registration number: A product subject to design under I/J/K/L2: design right holder M 3: N

C. (1) On June 7, 2015, the Plaintiff entered into the instant contract and paid the price, and the Plaintiff entered into a contract on the execution, etc. of the instant patent invention and the instant design (Evidence A 1; hereinafter “instant contract”).

Article 1 (Purpose of Contract) The purpose of this Agreement is to grant the Plaintiff a non-exclusive license and design right of P (P, R, S, and T) subject to the present Agreement that the Plaintiff and the Defendant proceed, among the rights to obtain the Defendant’s patent, patent application, design registration and patent (including foreign rights responding to such rights), and to pay the corresponding consideration to the Plaintiff and to determine their respective obligations of the Plaintiff and the Defendant. Article 2 (Patent and Design Registration List) G2 (Patent and Design Registration List), Article 3 (Period and Area of Non-exclusive license) K (: 1) of K (V) of the present Agreement: The Plaintiff’s non-exclusive license applies to the security light technology for which the Defendant filed a patent application and applied to the Plaintiff’s patent application and the content of the agreement is to develop the security light of IP cama using the Defendant’s patent.

The subjects are as follows:

- - Future -

2. The Defendant supplies producers, such as heat engines and LED Pkage Assy and Smps, to the Plaintiff as finished products or semi-finished products, and the Plaintiff orders the Plaintiff to B at the following unit price:

3. The Plaintiff shall be granted the exclusive supply of all parts, finished products and semi-finished products as set out above to the Defendant.

Article 4 (Price and Method of Payment for Non-exclusive License) Total Amount: Amounting to KRW 500,000,000 per day, Article 5 (1) The Plaintiff secured the rights and authority of a non-exclusive license granted to B to a third party, and transfers or transfers them.

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