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1. The Defendant’s KRW 210,359,203 among the Plaintiff and KRW 85,388,373 among the Plaintiff, shall be KRW 124,970,830 from May 13, 2013.
Reasons
1. Basic facts
A. The Plaintiff and the Defendant are companies established with the aim of engaging in the business of manufacturing, selling, etc. concrete products.
B. On January 10, 2010, the Plaintiff entered into a contract with C to the effect that the Plaintiff had the right to manufacture and sell D (hereinafter “E”)-related products after being transferred technology, etc. from C, and the Plaintiff entered into a contract with the Defendant for E-related technical guidance and know-how (hereinafter “instant contract”). The key contents are as follows.
Technology provider: Defendant 1 (Purpose of Contracts, and Matters to be confirmed)
1. The Plaintiff, who has developed E, manufacturing-type and its mold, construction-type, and respective connections and doctrine, has the patent, design, and utility model application and registration, and has a very valuable technology know-how related thereto, and the Defendant wishes to obtain from the Plaintiff the right to manufacture, sell and sell E using the pertinent patent right, design right, and technology know-how (hereinafter “authorization method”) in the area of Chungcheongbuk-do based on the pertinent technology know-how, patent right, utility model right, and utility model right. Moreover, the Plaintiff wishes to grant a non-exclusive license (hereinafter “non-exclusive license”) to the Defendant under the conditions determined by the Plaintiff.
2. The plaintiff and the defendant undertake to comply with the provisions set forth in this contract, regardless of whether the plaintiff's patent, utility model, and design application is accepted in Korea.
Article 4 (Provision of Technical Defat and Technical Assistance)
1. The Plaintiff shall provide the Defendant with sufficient technology necessary for using the method of granting the contract products during the effective period of this contract.
Article 6 (Technical Fees) The Defendant shall grant a non-exclusive license based on this Agreement.