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(영문) 서울고등법원 2015.06.11 2014나56685
주식양도 등
Text

1.The decision of the court of first instance concerning the principal lawsuit shall be revoked.

Defendant B (Counterclaim Plaintiff) Co., Ltd.

Reasons

1. Basic facts

A. On April 21, 2009, the Plaintiff entered into a patent technology use contract (hereinafter “instant contract”) with the Defendants using technology related to patent rights, etc. owned by the Plaintiff.

B. The main contents of the instant contract are as follows.

Article 1 (Purpose of Contract) A (Plaintiff) grants to B (Defendant C) the right to use patent technology, etc. as provided for in Article 2 for the activation of Gap's business, and the purpose of this contract is to clarify the rights and obligations between A, B and C (Defendant B).

Article 2 (Patent Technology, etc. for Use) (1) A shall grant B the right to use patent (patent) technology, etc. as specified below, and at the request of B, A shall grant B a non-exclusive license to B.

AB ABC ABC of the Patent Z of the Patent D EF G HG HaK NAPPPPP TR NAPPP Y Y ABC Y ABC of the Patent DH, upon Eul’s request, implement the procedures for the grant of non-exclusive license as soon as the technologies are registered so as to enable the use and implementation of the patent technology filed by A, the patent technology applied by A, the patent technology to be developed, the patent technology to be additionally applied, and the patent technology to be registered.

(3) Eul shall use specifications registered with the Public Procurement Service.

(4) Eul shall revoke a patent already filed and a utility model.

§ 3 (Contract Term) This Agreement shall continue to exist from the date of conclusion of the contract until the date of termination of a patent.

(However, A shall have the right to terminate this contract at any time). Article 4 (Execution Area and Technology Fees) 3) : (3) ; (a) ; (b) 3% of the gross sales for sales related to B as patent technology royalties; and (c) 0% of the gross sales for sales related to B, as patent technology royalties, ; and (b) 0% of the gross sales for other parts, without regard to whether A used a patent technology.

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