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(영문) 서울동부지방법원 2017.07.19 2015가합103676
특허권등 통상실시권 설정등록 이행
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The relevant Plaintiff is a company that carries out plastic, design and construction business of sewage treatment facilities, water supply and sewerage construction business, etc., and Defendant A Co., Ltd. (hereinafter “Defendant A” and the remaining companies omitted the entry of “stock company”) is a company that carries out water supply and sewerage system construction business.

C is the husband of Defendant B (Defendant A representative director) and the father of Defendant B (Defendant A In-house Director).

B. C’s money borrowed and each borrowed loan certificate Nos. 1) C borrowed from the Plaintiff on July 5, 2012, at an interest rate of KRW 50 million per annum, and as of October 31, 2012, KRW 8.2% per annum, and due date for repayment (hereinafter “instant borrowed”).

2) At the time of the above loan, C prepared and awarded to the Plaintiff the following:

The loan amount of this case: 50,00,000 Won (C) I have borrowed the above amount from you [Plaintiff] and promised to repay by October 31, 2012. If you cannot repay it within the above time limit, I have to authorize you to do so without the terms and conditions of a non-exclusive license as follows in relation to the manufacture of a double wall tank owned by you:

[hereinafter] A non-exclusive license agreement in this case: Provided, That in relation to the above case, it shall be deemed that there is no condition set forth above at the completion of the transfer of the corporation, but not later than October 31, 2012.

- - The guarantor confirms that he/she is jointly and severally responsible for the said commitment, - (which shall include a list of patent rights, design rights, and similar design rights as stated in the attached Form).

The borrower on July 5, 2012: C/Sgd./ the guarantor: Defendant B/Sgd./Sgd./

1) Change in the name of intellectual property registration 1) Each patent right, design right, and similar design right (hereinafter collectively referred to as “instant intellectual property right”) indicated in the separate sheet referred to in this case.

Defendant B and E (the location of the principal office: Daejeon; hereinafter referred to as “E”) at the time of the instant borrowing date.

[2] Since then E’s share in the intellectual property right of this case was registered under the joint name.

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