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(영문) 부산고등법원 (창원) 2021.01.14 2019나13509
추심금
Text

The judgment of the first instance is revoked.

The case is transferred to Busan District Court.

The purport of the claim and the appeal.

Reasons

The following facts are acknowledged according to the records of the judgment of the first instance.

A. On June 13, 2017, the Plaintiff filed a lawsuit claiming the collection of the instant monetary claim against the Defendant as the Changwon District Court 2017 Gohap 10205.

B. The Plaintiff asserted in the first instance trial as follows.

“E is the name of the invention subject to registration number G: F/Registration: CN/Registration: CO/ inventor: for D, while E and D enter into an exclusive license agreement that establishes the exclusive license (hereinafter collectively referred to as “exclusive license agreement of each of the instant inventions”) with the Defendant in order to establish the exclusive license (hereinafter referred to as “exclusive license agreement of each of the instant inventions”).

Meanwhile, according to the credit guarantee agreement with B (hereinafter “B”), the Plaintiff subrogated to the debt of the principle of loan to B, etc. pursuant to the credit guarantee agreement with B (hereinafter “B”), and the payment order received from the above court was finalized against E and D who jointly and severally guaranteed the obligation of indemnity against the Plaintiff.

The Plaintiff was issued a seizure and collection order as to KRW 405,04,551 out of the claims, such as actual samples, pursuant to each exclusive trial jurisdiction contract of this case where E and D had against the Defendant, from 2017 to 10209, with the Busan District Court branch branch branch branch of the Busan District Court 2017, and the decision was served on the Defendant on June 5, 2017.

Accordingly, the defendant is seeking to pay the collection amount of KRW 405,004,551 and the delayed damages.

“”

C. As to this, the defendant at the first instance court as follows.

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