(영문) 대구고등법원 2015.10.20 2014나22520

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(영문) 대구고등법원 2015.10.20 2014나22520

매매대금

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1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. The Plaintiff owned a patent right (registration number C-D, registration number E-F, hereinafter “instant patent right”) for the shopping bags, and was engaged in the business of importing shopping bags produced by a production company in China using the instant patent right from around 2012 and delivering them to Seobwon Co., Ltd. (hereinafter “SbB”).

The defendant is a company that carries on trade, shopping bags manufacturing, sales, export and import business, etc.

B. When the Plaintiff could not facilitate the supply of shopping bags in Western because of G’s financial problem, etc., the Plaintiff’s transfer of the instant patent right and G’s business right to KRW 600 million between the Defendant and the Plaintiff on May 22, 2013 is “the instant transfer agreement” and “the instant transfer agreement”.

The contract of this case was concluded. The main contents of the contract of this case are as follows: (c) - The Plaintiff is to permit the Defendant to exclusively use and sell the patent and provide the Defendant with necessary data and know-how, etc.

1. The scope of the use of this patent is China, Japan, India, and the 140 countries all over the world.

2. All rights within the extent of the use of this patent shall be vested in the Defendant.

3. The time period for the use of this patent shall be 2030 years as specified in the law from the date of the contract.

Article 4 (Guarantees)

3. The Plaintiff and the Defendant are jointly liable in the event of the occurrence of problems caused by defects in the normal payment period, quality, and basic terms of a purchase agreement.

The defendant shall assist the plaintiff with respect to the minimum operation under this.

Article 5 (Payment)

1. As to the current business operated by the Plaintiff and all business rights arising from patents

3. The amount of 60 million won (transfer of business / ELBBS (total, patent transfer, including secondary shopping bags).

유사 판례

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