1. On April 27, 201, the Plaintiff entered into a contract to install a high-level sewage treatment plant for the Defendant.

1. Basic facts

가. 피고는 토목건축공사업, 오수처리시설 등 설계시공업 등을 영위하는 회사이고, 원고는 분뇨 처리시설 설계시공업, 오수 정화시설 및 축산폐수 처리시설 설계시공업 등을 영위하는 회사로서 하수처리공정설계와 기자재 설계 및 제작에 필요한 특허기술을 보유하고 있다.

B. On February 1, 2009, Gangnam-si offered a high-level treatment method applicable to the construction project to modernize the existing B Sewage Treatment Facility (hereinafter “instant sewage treatment facility”) into a high-level treatment facility (hereinafter “instant construction project”). The Plaintiff submitted to the Plaintiff “B Sewage Treatment Facility SBR method” and submitted a technical proposal Prima UEN, and on March 18, 2009, the Plaintiff was selected as a public corporation by Gangnam-si.

C. On October 8, 2010, Gangnam-si announced an electronic bid with the estimated amount of KRW 16,594,400,000 for the instant construction project, and entered the participation in the participation in the bidding as follows: “This construction project is designed by the Mod Mod Se-Se-Se-Se-S-S. Patent 5902484 for high-level processing technology (Pri-Se-S. Patent 5902484). As such, the subject of the qualification examination entered into a technical agreement with the patentee and submitted the original copy of the agreement as management support at the time of submission of documents for the qualification examination. As a public corporation, the subject of the qualification examination entered into an agreement with the patentee.”

After October 28, 2010, the Defendant was selected as the contractor of the instant construction project, and entered into a contract for the said construction project by setting the total construction amount of KRW 9,411,200,000 and the construction period from November 4, 201 to July 3, 2013.

On the other hand, the Defendant entered into a technology agreement on October 20, 2010 with the Plaintiff and the Defendant’s participation in the instant construction project, regarding the use of Prima UEN method (hereinafter “instant technology agreement”), and the technology user (the Defendant) will be 15 days after the contract was concluded with Gangnam-si and the construction contract.