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1. The patent right of the Defendant and the NonpartyB Co., Ltd. is subject to the patent right of the attached Table 1 through 4 on February 3, 2015.
Reasons
Basic Facts
The Plaintiff entered into a credit guarantee agreement and provided a loan to Nonparty B (D Co., Ltd. to B on March 6, 2014, to E Co., Ltd. on January 28, 2015, and to B on February 10, 2015; hereinafter collectively referred to as “B”) and issued a credit guarantee agreement as follows:
On February 22, 2012, 2015, the creditor of the guaranteed payment amount whose guarantee date was guaranteed, the Daegu Bank Co., Ltd., Ltd., Ltd., in the amount of KRW 90,000,000 on February 17, 2015, submitted a credit guarantee certificate issued by the Plaintiff on September 4, 2015, and received loans from each bank as follows.
The Defendant, on September 4, 2014, lent KRW 100,000,000 to the F Co., Ltd. (hereinafter referred to as “F”) until March 28, 2014 (hereinafter referred to as “the instant loan”) and paid KRW 92,670,000,000 (hereinafter referred to as “F”) to the Defendant of the Daegu Bank Co., Ltd. and the Defendant on September 4, 2014, when lending the loan amount of KRW 100,000 to the F Co., Ltd. (hereinafter referred to as “F”) until March 28, 2014, determined the interest amount of KRW 3,00,000 per month, and paid KRW 92,670,000 excluding advance interest and notarial fees.
On the same day, the defendant prepared a notarial deed concerning the loan agreement with F.
After March 28, 2014, when the F is unable to pay the borrowed amount, G, the representative director of B, was taken over F and became the representative director and changed its trade name to D corporation.
On June 30, 2014, H, the representative director G of B and F, prepared and awarded to the Defendant a letter of payment for KRW 100 million of the instant loan (which note that the Defendant shall pay 30% interest per annum until July 28, 2014).
Afterwards, the Defendant did not receive KRW 100 million from the instant loan, and deposited KRW 3,00,000 per month in the name of D or G in the Defendant account.
The occurrence B of a guarantee accident is a "Korea Bank" (hereinafter referred to as "Korea Bank") on January 20, 2015.