(영문) 수원지방법원안양지원 2015.10.16 2014가단19347

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(영문) 수원지방법원안양지원 2015.10.16 2014가단19347

용역비

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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. On June 2013, the Defendant purchased a subcontract from Samsung C&T to the Switzerland 60th C&T of the national expressway, from the Gyeongcheon-T&T of the 196th National Expressways, and re-subcontracted it to the Southern T&T Co., Ltd. (hereinafter referred to as the “Seoul T&T”) by re-subcontracting the instant construction work.

B. As for the invention registered under Article 10-0423757 of the Patent Act (hereinafter “ZHF”), ZF Co., Ltd. (hereinafter “ZF”) is a patentee of the instant patent invention related to the invention, and the patent invention of RIF. The Defendant entered into a non-exclusive license agreement with RIF on June 30, 2013 to implement the instant construction project (hereinafter “instant license agreement”), and the main contents of the said agreement are as follows:

(hereinafter referred to as “A” under the contract shall have a non-exclusive license on the patent right from the date of the contract of the non-exclusive license to the date of the construction of the interior bridge.

Article 5 (Patent Fees and Royalties) (1) After the conclusion of this Agreement, Eul shall pay Gap the patent fees and royalties of KRW 1,232,840,00 (excluding value-added tax) as security for the construction work of the inland village.

Article 6 (Apportionment of Work) (1) The scope of design and technical assistance relating to the patent right A shall be determined as follows:

1. Supplementary designs for bridges and upper works;

2. Examination of and consultation on temporary methods for the upper public installation of a bridge.

3.In the case of designs relating to the scale of the creation and the installation and operation of the manufacture site referred to in paragraph 2 above, those related to the construction site or the installation and operation of the temporary event may be different from the actual construction site in accordance with the conditions of the site or the method or scale of the order site or the original office building, construction machinery, etc., it shall

(2) In the duties of camping zone management, A shall be for the production of lectures before construction.

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