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(영문) 서울고등법원 2015.11.12 2014나2033435
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. 1) The Defendant was awarded a contract from the Korea Highway Corporation for construction works between 40 lines of national expressway No. 40 and 0,000 (section 1). 2) The Plaintiff was awarded a subcontract from the Defendant to the Korea Highway Corporation for construction works among the above construction works, by inserting a steel line in order to offset the capacity of seals generated in concrete by the lower part of the construction: YC PSSC: A concrete I-BEM manufacture and installation works (hereinafter “instant construction works”).

3) A means a concrete synthetic - sn beam (the above PSC I-BEM) used after being produced in advance by using a cryst set in a factory, and then used at the site.

) The patent is a patent holder of the technology (hereinafter referred to as “instant patent”).

B. (1) On April 2009, A entered into an agreement with the Korea Highway Corporation on the use of the patent right of this case with regard to the construction work between the successful bidder and the 40 lines of motorway No. 40, 000 (section 1).

2) On March 5, 2011, the Plaintiff granted A a non-exclusive license to the Plaintiff with respect to the patent right of this case. The Plaintiff entered into a non-exclusive license agreement with the purport that A shall directly contract construction works for the patent of this case or perform construction works by placing an order in the form of subcontract and pay A part of the sales incurred therefrom as usage fees. (c) The Plaintiff and the Defendant entered into a subcontract agreement with the Plaintiff, on March 26, 2012, with respect to the instant construction works from March 26, 2012 to December 31, 2014, with the construction period of 4,112,900,000, advance payment of 551,10,000, advance payment of KRW 551,00,000, and the guarantee period of advance payment securities from March 26, 2012 to February 28, 2013 to February 26, 2013 (including the date of completion of the subcontract agreement).

(hereinafter “instant contract”). The instant contract is concluded.

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