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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. The Plaintiff is a company with the exclusive right to use the said new technology until June 10, 2013, with the new technology certification from the Ministry of Environment as to “the method of repair of the Male-M.R. using the new technology and the Male-M.R.”
B. On February 28, 2011, the Plaintiff and the Defendant concluded an execution agreement of the New Technology Public Law (hereinafter “instant agreement”) with the content that the Defendant used the Plaintiff Q.M.R public law and paid technology royalties in return, and drafted the agreement accordingly.
The main contents are as follows:
Article 2 [Scope of Agreements]
1. The Plaintiff grants the Defendant the construction right of Q.M.R. construction method, Q.R. No. 211.
2. The defendant's new technology construction area shall be Seocho-gu Seoul Metropolitan Government, Gangnam-gu, Gangdong-gu, Gwangjin-gu, and Seongdong-gu
6. This agreement shall not be used as a tender or contract document, and the defendant shall use the new technology agreement for participation in the tender or contract conclusion as a separate certificate for each construction work to the plaintiff.
Article 3 [Rights, Obligations, and Technology Fees]
1. In performing the construction duty under the Convention on the Use of New Technology with respect to the pertinent construction work to be entered into with the contractor who entered into a contract for construction with the contractor, the Plaintiff is obligated to entrust the Defendant with the right to execute the construction work, and the Defendant is obligated to prepare all documents submitted to the contractor as the contractor, and to submit photographic materials of the construction work and cost-related materials to the contractor.
4. The user fee for each construction project to which the Defendant applied this construction method shall be 15% of the total construction cost of the relevant construction project and shall be settled after the completion of the construction cost paid by the Plaintiff ordering party to the Defendant.
C. Based on the instant agreement, the Defendant is awarded a contract by the Seocho-gu Office, the ordering entity, etc. as follows.