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1. The Defendant (Counterclaim Plaintiff) shall:
A. From April 3, 2013, Plaintiff (Counterclaim Defendant) Company A, KRW 86,951,372, and its related amount.
Reasons
In light of the above legal principles, the lower court did not err by misapprehending the legal principles as to the “amount to be received,” and did not err by misapprehending the legal principles as to the “amount to be received,” as otherwise alleged in the ground of appeal.
On March 2011, the Plaintiffs entered into a contract with D Company 12,269,320, totaling KRW 10,903,318, totaling KRW 23,172,638, such as purchase and sale of building materials of D Company 10,90,320, the Plaintiffs agreed to transfer all of the building materials owned by the Plaintiffs to the Defendant and the patent rights under the Plaintiff A’s name to adjust the project of building materials, and prepared a patent transfer contract with the Defendant as follows:
Article 1 of a contract for sale of goods and transfer of patent rights: The plaintiffs shall sell to the defendant the goods indicated in Article 2, and at the same time transfer the patent-related intellectual property rights, and the defendant shall purchase and acquire them.
Article 2:(A) Goods: The content of sale and purchase (a) : the bookbook (a) * currently owned by the plaintiffs and directly produced by the plaintiffs or purchased in the names of the plaintiffs. (b) Intellectual property rights (a) : Patent E (Improvement System Art) * The intellectual property rights (patent rights) filed by the plaintiff A among the intellectual property rights related to this case or contract goods are also transferred to the defendant in accordance with the overall terms of this contract and the plaintiff A confirms that no objection is raised. Article 3: The time limit for delivery of the goods shall be delivered to the defendant from April 1, 2011 to June 30, 201, and the quantity and condition confirmation shall be mutually present, and the transportation cost shall be borne by the defendant.
Article 4:The quantity at (b) the transfer of rights at the site is 3% LOSS (Loss) to purchase that LOSS in the settlement quantity.
Article 5:Sales proceeds shall be approximately KRW 100 million per day (excluding surtax), and shall be settled according to the actual quantity confirmed for delivery of goods.
The unit price for the particulars of goods.