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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by each person;
Reasons
1. Presumed facts
A. Defendant B was a patentee of each of the instant patent rights.
B. Defendant B, along with F (the representative director of the Plaintiff) and G, established the Plaintiff, and Defendant B transferred each of the instant patent rights to the Plaintiff on January 27, 2014.
C. Upon the occurrence of the difference in the Plaintiff’s operation, Defendant B sought to withdraw from the partnership business, and the Plaintiff and Defendant B drafted the following agreements (hereinafter “instant agreement”) on February 9, 2015.
[Article 2] Article 2] A (Plaintiff) has each of the patents of this case in which “B” (Defendant) is an inventor, but it is difficult for a corporation to carry on its business due to various circumstances but “A” is still in progress, or where it is anticipated that a corporation will face a financial crisis or that it will take measures to preserve claims in the future of the corporation in the creditor, financial institution, etc., prior to the entry of the measures to preserve claims, “B” shall transfer the patent owned to “B” without any condition.
[Article 3] The term "A" shall, regardless of the provisions of Article 2, transfer the patent right owned by "A" to "B" by February 9, 2017 without any condition.
[Article 4] “A” shall not transfer a patent to a third party in any case other than “B” after February 9, 2015.
[Article 5] In the event that the above agreement is not implemented, "A" confirms that no objection is raised against a civil or criminal punishment.
[Article 6] Submission of A’s certificate of seal imprint to “B” every three months
(3) At least five (5) months prior to the arrival of “B”. [Article 7] 6, a patent shall be immediately transferred when it is violated.
[Article 8] The term "B" does not notify a third party of the contents of this Agreement.
In order to secure the contents of the agreement of this case, the Plaintiff and Defendant B, the assignee, and the date of the transfer, shall be the transfer certificate of this case (hereinafter “the transfer certificate of this case”).