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(영문) 서울고등법원 2016.07.01 2015나31010
입회비등 반환
Text

1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

(b).

Reasons

1. Basic facts

A. The Plaintiff is a juristic person established for the purpose of an engineering work business, etc., and Defendant B (hereinafter “Defendant Company”) is a juristic person established for the purpose of service business related to construction technology, etc., and Defendant C is the representative director of Defendant Company and the chairman of D Research Council (hereinafter “Research Council of this case”).

B. The Defendants owned a patent regarding E public law, F public law, G public law, etc., which is a underground structure construction method. However, on June 1, 2004, the Plaintiff joined the instant research society as a member and entered into an agreement with the Defendant Company on the following (hereinafter “instant agreement”).

At the bottom of the instant agreement and the cover of the instant contract, the “D Technology Research Council” and “V Association” are recorded as the persons preparing each document.

The term “A” (Defendant Company; hereinafter the same shall apply) with patent rights and the instant Research Council and Members (Plaintiffs) “B” with respect to participation as members of this Research Council, shall consult on and prescribe all the following agreements as well as implement them in good faith.

Article 2 (Name of T.U. Public Law) The definitions and scope of this Public Law shall be as follows:

1. F. F. G: Article 3(1) of G (T)(T)(T)(T)(T)(T)(T)(T)(T)(T)(T)(T)(T) is paid in accordance with the provisions for the use of patent methods provided by “A,” and other patent usage fees are subject to various patent contract. 2) If design services are needed at the time of the adoption of the patent method, a design shall be made by a specialized engineering company designated by the representative director of “A”. In such a case, the design cost shall be determined within 1.5% of the construction cost.

3. The evaluation of the contribution of recipients shall be conducted based on objective data to be determined by the representative director of the "A" and paid according to the contribution of recipients from the membership fees prescribed by the Presidential Decree.

§ 7.

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