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(영문) 서울고등법원 2016.06.02 2015나2052341
양도대금 청구
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On June 4, 2010, the Plaintiff and the Defendant entered into a memorandum of understanding that all of the manufacturing facilities (hereinafter “instant facilities”) and product production technology for the transparent eroide film for the panel held by the Plaintiff (hereinafter “instant products”) were transferred to the Defendant.

B. On July 7, 2010, the Plaintiff submitted to the Defendant a “written proposal for manufacture facilities and technical sale” with the total product production facilities, inventory assets, and technology development cost, the sales proposal price for the technology development premium, etc., at KRW 7.867 billion, which is subject to transfer as a subsequent measure of the MOU as of July 7, 2010, and the Defendant submitted to the Defendant for this year.

9. 29. The Plaintiff sent e-mails to the effect that the acquisition price was assessed as KRW 6.1 billion [the facility KRW 3 billion, KRW 1 billion, and KRW 2.1 billion for the production of the product] as a result of evaluating the facility, such as facility building, product production capacity, product quality level, driving, and condition of preservation, and that it would be accepted through future consultations.

In relation to the production of the instant product, this Agreement provides “B” (the Plaintiff’s representative director) and “B” (the Plaintiff’s representative director refers to “B” and “B” (the Plaintiff’s representative director) with all the patents already owned and know-hows, etc. necessary for the production of the instant product, which are owned by “B” (the Plaintiff’s representative director), and “B” (the Plaintiff’s representative director). The parties to this Agreement agree to and undertake the faithful implementation as follows.

[] Article 2 [Intellectual Property Rights, etc.] 1.B, Byung and Byung shall grant Gap a license for exclusive use without compensation to the patent of this case and this case related to manufacture.

[6. 6. 6. Na, Byung, Ha, and Mayman, upon request by Gap, in the production of the instant products using various technologies, such as patents and know-hows, and in particular, Eul shall cooperate with them.

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