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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is an enterprise producing the actual containers rubber products and plastic products. The Defendant is a person holding the patent rights listed in the separate sheet regarding “C (patent number D)”, which is a patent technology for the manufacture of risk signs connected to high voltage lines or electric wires, and the Defendant entered into a contract with the manufacturer of risk signs of actual containers from March 2010 with the OEM (Origin Equation: Manufacturing: Oriinal Equation: Manufacturing of order-entrusted products or order-based trademarks, and manufacturing of finished products as trademark names and finished products as required by the client) and supplied them to the Korea Electric Power Corporation.
B. On May 1, 2014, the Plaintiff and the Defendant entered into an agreement on the use and delivery of patent technology (hereinafter “instant agreement”) with the main contents that the Plaintiff would exclusively use the Defendant’s patent technology to manufacture and deliver to the Defendant a sign of risk by using the Defendant’s patent technology. The main contents are as follows.
Article 1 [Purpose of Contract] This Agreement is related to the manufacture and sale of electric distribution lines and telecommunication cable sign boards for electric power stations and telecommunications cables outside the Korea Electric Power Corporation.
Article 2 [Contents of Contract] The purpose of this Agreement is to clarify the contents of all the agreements in granting the right to use for the manufacture of “C”, which is a patent technology owned by “A (Defendant; hereinafter “Defendant”)”, to “B (Plaintiff; hereinafter “Plaintiff”) and deliver it to the Defendant.”
Therefore, I agree to sign this Convention and take effect at the same time.
Article 4 [Duties and Rights of the Plaintiff] (2) The Plaintiff is responsible for establishing facilities and producing products in accordance with the prescribed raw materials and conditions, and for producing and delivering Korean power and other products meeting the test criteria required by the Ministry of Construction and Transportation.