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1. The Defendant’s KRW 10,920,338 as well as 5% per annum from April 9, 2014 to April 28, 2015 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is an enterprise with a patent for air-conditioning and heating facilities using geothermal including underground floors.
B. On June 13, 2013, the Plaintiff entered into an agreement with the Korea Rural Community Corporation (hereinafter “Korea Rural Community Corporation”) on the use of the Plaintiff’s new technology with a successful bidder of the Korea Rural Community Corporation (hereinafter “instant construction”) for the purpose of using the Plaintiff’s new technology. The main contents of the agreement are as follows.
1) The scope of use of a new technology (patent) during the instant construction project shall be based on the design document, including a design statement, and if there is any difference in the scope thereof, the construction and judgment of the non-party construction project shall be based on the interpretation and judgment of the non-party construction project. 2) The Plaintiff shall receive 7.2% of the design amount for the portion for which the new technology is used as technology user fee from the
3) If all or part of the construction work for which the Plaintiff’s new technology is used fails to use the Plaintiff’s technical know-how or it is impossible to secure the construction and quality without using the Plaintiff’s special equipment, etc. (excluding where successful bidders are available), the Plaintiff shall enter into a subcontract with the successful bidder and the relevant part, and the Plaintiff waives the payment of technical fees corresponding to the subcontracted part as above to the successful bidder. (C) The Defendant entered into a construction contract with Nonparty Corporation and the construction cost of KRW 1,719,840,000 on July 31, 2013 upon winning the contract for the instant construction work. (d) On August 30, 2013, the Defendant obtained the consent of Nonparty Corporation with the aim of improving the quality of subcontracted construction and enhancing the efficiency of construction.