1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. On July 1, 2006, the Co-Defendant C, D, E, and F (hereinafter “Co-Defendants of the first instance trial”) operated by the Defendant and J Co-Defendant C, D, E, and F (hereinafter “Co-Defendants of the first instance trial”) entered into the Convention on the Development of Technology for Facilities for Treatment of PCBs (PBs, Pollutants) (Evidence No. 8).

B. The Co-Defendant D of the first instance trial on the draft of the technology use agreement between the Defendant and J requested I to prepare a technology use agreement in which I had been holding such patent right through I’s director even though I had failed to obtain the patent right on the PCBs treatment technology at the time, and the J has made a request to I to prepare a technology use agreement in which I had a false content as if J could use the technology in the future.

A contract for the exclusive use of a patent right under a technology use agreement / [patent right] N Patent Name P 1) P 2) No. 1R No. 1 T 2 of the filing date of Q patent registration date 1R 2, G (resident registration number omitted) name G (name omitted) name G (name omitted) name of the applicant for patent No. 1 T 2, U inventor name G (State I) of the above patent right (hereinafter referred to as "A") and J (State (State) E (hereinafter referred to as "B") of the exclusive user of the patent right shall enter into a contract for the exclusive use of the patent right as follows:

Article 1 (Monopoly Use)

1. During the term of validity of this Agreement, “B” shall be granted the exclusive right to use a patent right “A” in the production of a designated product under this Agreement.

2. “A” may not allow a third party to use a patent for the production of a kind of product that is identical or similar to that provided for in paragraph 1.

However, in its nature, where the nature of this contractor’s product is entirely different from that of this contractor’s product or it is possible to utilize “A”’s patent right in a field that is entirely irrelevant to the business sector of “B”, “B” cannot assert the exclusive right to use.

3. The case of paragraph (2).