(영문) 부산지방법원 2015.05.28 2014가단34580

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자간(%)

(영문) 부산지방법원 2015.05.28 2014가단34580

약정금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts without dispute;

A. On August 22, 2012, the Plaintiff and the Defendant drafted a contract with respect to the convergence technology development project (number C: hereinafter “instant project”) on “B” as follows:

(hereinafter referred to as the “instant contract”). - The Plaintiff shall, upon the conclusion of the instant contract, transfer to the Defendant all the Mods, materials, and relevant materials currently held for the development of low-power rads in relation to the instant project.

- When the Defendant confirms that there is no other error in receiving the cap, material, and related data transferred by the Plaintiff, the Defendant shall pay to the Plaintiff KRW 30 million with the parent development costs of the first year (from June 1, 2012 to May 31, 2013) on the condition that the following matters are fulfilled:

- The Plaintiff shall submit in advance the tax invoice of the company designated by the Plaintiff or the company designated under an agreement with the Defendant in order to receive the above rupture development costs. However, the expenses incurred in the issuance of the above tax invoice may be paid by the Defendant to the extent that

- The Plaintiff shall grant an exclusive license to the Defendant of the patent right related to the low-powered rash development at the same time with the payment of the fee for the development of the above mos, and deliver the documents concerning the registration

Provided, That where products have been commercialized, the defendant shall pay 50% of the profits to the plaintiff for the sales profits of the products.

- If the Defendant’s development of the low-powered rash system was verified by low-powered rashing and no problem exists with the system development, the Defendant pays to the Plaintiff KRW 30 million for the development costs of the 2nd year (from June 1, 2013 to May 31, 2014) (i.e., the period of development of the mos before the end of the period of development of the 1st year (from June 1, 2013 to May 31, 2014) prior to the expiration of the period of development of the mo

- oral agreements or side agreements contrary to the provisions of this Agreement.

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