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(영문) 대전지방법원홍성지원 2016.05.04 2015가단12369
비용상환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff is in office as the Defendant’s regular director from November 201, 201.

On November 2012, retirement was made around the retirement day.

MCC consulting Co., Ltd. (hereinafter referred to as "MC consulting") filed an application for a patent on the identification of transaction prices and input transaction details management system (hereinafter referred to as the "instant system") between the companies that the Plaintiff, etc. inventions, and completed the patent registration on May 31, 201.

Around October 2012, the Defendant and MC consulting jointly engaged in the instant system-related business, and around October 10, 2012, when a business entity or an individual who entered into a sales consignment agreement with the two companies or individuals attracts its members, 15% of the relevant sales (10% of the sales from the second year) shall be paid as incentives and notified the Plaintiff, etc. that half of the Defendant and MC consulting will be paid.

On or around December 5, 2012, the Plaintiff entered into a business consignment agreement with MC consulting based on the above notification, and MC consulting notified the Defendant of the conclusion of the above business consignment agreement on or around January 10, 2013.

After that, on April 4, 2013, the Large and Small-Medium Cooperative Foundation established the Ministry of Trade, Industry and Energy under the Ministry of Trade, Industry and Energy entered into a limited competitive bidding notice with respect to the construction and operation system of the subcontract payment confirmation system (Win-Pms) and the management system (Win-Pms), which was selected as the successful bidder on April 23, 2013, and provided a Win-PP system management service contract (hereinafter “instant contract”) with the Large and Small-Medium Cooperative Foundation on May 2, 2013.

Pacom Co., Ltd. (hereinafter “ Pacom”) may not implement the terms of the instant contract by asserting that the online payment monitoring system against the Defendant and the Large and Small-Medium Business Cooperation Foundation (hereinafter “Pacom”) violated the patent right of Pacom (the payment monitoring system using the means of payment replacing the bill).

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