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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. The Defendant had patent rights related to the method of installing underground tunnel structures, such as NTR method, TR method, UTR method, and STRC method.
B. Around November 201, the Defendant proposed that the Plaintiff be paid KRW 300 million to the Plaintiff as the membership fee of the Association, if the Plaintiff paid KRW 300 million to the Plaintiff, the Defendant would be entitled to the construction of the Central Empicing Dogwon-Seoul, which is equivalent to KRW 3.5 billion (hereinafter “instant construction”).
C. Accordingly, the Plaintiff entered into an agreement with the Defendant on November 28, 201 with respect to the use of UTR public law and patent, and the Defendant granted the Plaintiff the right to use the patent. The Plaintiff entered into an agreement with the Defendant to pay 3% of the total construction contract amount as technical royalties (Evidence 1). ② an agreement with the Plaintiff participating in the Plaintiff as a member, which permits the use of the patent for UTR public law for 10 years (Evidence 1, 2, 30 million won (including value-added tax), shall be paid to the Defendant, and KRW 110 million (including value-added tax) shall be paid to the Defendant immediately, and KRW 110 million (including value-added tax) shall be paid to the Defendant immediately, and KRW 110 million shall be paid immediately, 28 January 2012, and KRW 1100 million (Evidence 4) shall be paid at the first time of the commencement of construction works, respectively.
(hereinafter referred to as the “instant arrangement”) d.
In accordance with the instant agreement, the Plaintiff paid to the Defendant the amount of KRW 50 million on December 1, 201, and KRW 60 million on the following day.
E. Meanwhile, on the other hand, the Plaintiff and the Defendant concluded a technical assistance agreement with the Defendant regarding the Defendant’s technical assistance of the instant construction project amounting to KRW 3.5 billion in the design cost on December 5, 2011, that the Plaintiff shall pay KRW 230 million in the design service cost (including value-added tax) to the Defendant, but at the time of the contract, the Plaintiff entered into a technical assistance agreement with the Defendant to pay the remainder of KRW 110 million in the amount of KRW 120 million in the remainder on December 25, 2011.
F. However, the defendant.