(영문) 서울중앙지방법원 2017.06.02 2016가합530302

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(영문) 서울중앙지방법원 2017.06.02 2016가합530302

부당이득금반환 등 청구의 소

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1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The relationship 1) The Plaintiff is a company specializing in designing and supervising civil engineering, roads, railroads, water supply and sewerage systems, etc. established on January 25, 1991. 2) The Defendant is a company established on November 10, 201, which develops an energy system, such as heating systems, etc. using heat or heat.

B. On April 21, 201, the Plaintiff entered into the instant contract and made advance payment of patent fees 1). On April 21, 201, the Plaintiff sold products such as heating and cooling systems used by the Defendant to the Corporation by developing and manufacturing them to the Plaintiff. The Plaintiff is obliged to pay patent fees to the Defendant in the event that the Plaintiff, by utilizing new technology and patents owned by the Defendant, participated in the construction contract and participated in the construction contract. (hereinafter “instant contract”).

2. The term “patent” means all the research, development, commercialization, patents, registrations, and applications filed by the Defendant at the expense of the Defendant’s human resources and costs. The term “patent fee” means the fee that the Plaintiff pays to the Defendant in the event that the Plaintiff was engaged in his/her business by using the Defendant’s patent and success in the contract. Article 3 (Definition of Terms) of the Business Cooperation Agreement provides that the term “patent fee” is defined as follows:

1. The plaintiff is obligated to pay the patent fee to the defendant.

2. The royalty for patent use is 3% of the delivery price of freezing and co-help products that the Plaintiff received from the employer.

3. The time of payment shall not exceed one week after receiving the down payment from the Plaintiff’s employer.

4. Before running a business by using a patent, the Plaintiff is obligated to provide the Defendant with information on the subject and contents of the business and the amount of the contract.

5. The Plaintiff shall make a prior and subsequent settlement of the patent fee to be incurred to the Defendant.

6. Patent fees to be paid in advance by the Plaintiff to the Defendant are KRW 500,000,000.

유사 판례

-청주지방법원 2015.07.10 2014가단155450

-창원지방법원 2016.10.26 2013가합1174

-서울중앙지방법원 2018.05.24 2017가합510435

-서울중앙지방법원 2016.08.19 2015가합581631

-서울중앙지방법원 2019.11.06 2018가합533206