(영문) 전주지방법원남원지원 2016.06.29 2014가단11193

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(영문) 전주지방법원남원지원 2016.06.29 2014가단11193

손해배상(기)

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1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 22,696,860 as well as the full payment from January 22, 2016.

Reasons

1. Facts of basic recognition;

A. The Plaintiff is a corporation that runs the export and import business of composts and wholesale and retail business. The Defendant mainly collected food garbage as a corporation that runs the business of collecting, transporting, disposing of, etc. food waste and operated the business of manufacturing and selling them as composts.

B. On May 22, 2012, the Plaintiff filed a patent application with respect to “degradry products to extinguish food waste and its application” and registered as a patent under Article 10-1375293 of the Patent Act on March 11, 2014. The contents of the patent are as follows: (a) decomposition of food waste by using chip with a microbial chip with a booming flaps; (b) thereby, it has the advantage that no water can be generated by increasing the number of heat generated in the process of treating food waste compared with the existing public law.

(hereinafter referred to as the above method of food waste treatment is referred to as “burine construction method.” Article 2 (Subject matter) deals with food waste and burine profits generated from the Defendant, which have been permitted from 20 tons a day to day.

Article 3 (Terms of Business Contracts)

1. The plaintiff shall provide technology to the defendant in compliance with the defendant so that real estate (land and building) in an existing factory can be utilized to the maximum extent possible.

2. The Plaintiff shall treat food wastes in an environmentally friendly manner in the operation of the factory.

3. The Defendant shall scrap and select food wastes and provide them to the Plaintiff.

4. The selection of raw materials necessary for the germs of imported raw materials shall be managed by the plaintiff and recovered at the time of termination of the contract;

Article 5 (Payment of Expenses for Disposal) The defendant shall pay the plaintiff 40,000 won per ton of food waste (in addition tax separate) and 30,000 won per ton of Hen of Hen of Hen (in addition tax separate) in cash on the 12th of the following month on the 12th of the following month.

Article 8 (Duty of Settlement)

1. The Plaintiff shall treat the wastes supplied by the Defendant as permitted from 20 tons daily at the place designated by the Defendant.

2. The Plaintiff’s waste at the place designated by the Defendant.

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