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(영문) 인천지방법원 2020.10.08 2019가합483
양수금
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The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) of D and E (hereinafter “D, etc.”) remitted money to the Defendant Co., Ltd.’s account (hereinafter “Defendant Co., Ltd.”), along with Defendant B, KRW 5,00,000 in the Defendant Company’s account on May 31, 2012 and June 8, 2012, each of which was KRW 125,000,000,000, KRW 150,000,000, KRW 125,000,000 in the name of Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd”).

Since then, F demanded the return of KRW 150,000,000 which it remitted, and D and Defendant B transferred each of KRW 75,000,000 to F on August 30, 2012.

Therefore, D, E, and Defendant B paid 200,000,000,000,000 won to the Defendant Company, respectively, and 200,00,000,000 won.

B. On August 3, 2012, Defendant B entered into an agreement on the grant of non-exclusive licenses between Defendant B and Defendant Company with respect to the following two bridges:

(hereinafter referred to as “instant agreement”). The Defendant Company (hereinafter referred to as “A”) and the Defendant B (hereinafter referred to as “B”) enter into an agreement as follows:

Article 1 (Purpose) This Convention aims to provide for a contract under which “A” grants a non-exclusive license for the said patent to “A or a company designated by B,” and “B” deposits KRW 1,000,000 to “A” as security deposit, with respect to a bridge designed and ordered by the Patent IJ of the Patent.

§ 2.(Security Money and Time of Inclusion)

1. Security deposits in “A” shall be KRW 1,000,000,000.

2. The secured amount of KRW 500,000,000 until May 31, 2012, and KRW 500,000,000 until August 24, 2012, shall be deposited as the corporate account of “A”.

Article 3 (Patent Right Fees and Royalties)

1. “B” shall pay 10% of the total amount of the construction contract to “A” in return for the granting of the license to the said works, based on patent fees and royalties, on the construction performance rate.

2...

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