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(영문) 서울중앙지방법원 2015.10.28 2013가합15536
입회비등 반환
Text

1. The Defendants jointly share KRW 200,000,000 with respect to the Plaintiff, and Defendant B Co., Ltd. from March 15, 2013.

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 D Research Council (hereinafter “Research Council of this case”).

B. The Defendants owned a patent for E public law, F public law, G public law, etc., which is a underground structure construction method. However, around June 1, 2004, the Plaintiff joined the instant Research Council as a member, and entered into an agreement with the Defendant Company on the following terms (hereinafter “instant agreement”), and paid KRW 200 million to the Defendant C on March 2, 2005 as the patent use and membership fee for the Association.

(hereinafter referred to as “this case’s membership fee.” The “A” (the Defendant Company; hereinafter the same shall apply) and the “B” (the Plaintiff; hereinafter the same shall apply) of the instant Research Council and its member companies (hereinafter the same shall apply) who operate patent rights shall consult with and implement them in good faith by prescribing all agreements as follows in participating in the Research Council as members:

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 by consultation within 1.5% of the construction cost

3) Evaluation of the contribution of recipients shall be conducted based on objective data to ensure that the representative director of the “A” is determined by the objective data and paid based on the contribution of recipients to the membership fees prescribed by Article 7 (Members’ Rights and Duties).

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