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(영문) 의정부지방법원고양지원 2014.02.12 2012가합12719
위약금
Text

1. The Defendant’s KRW 30,000,000 as well as the Plaintiff’s annual rate of KRW 6% from January 4, 2013 to February 12, 2014.

Reasons

1. The following facts do not conflict between the parties or may be acknowledged by taking into account the following facts: Gap evidence 2, Gap evidence 3, Gap evidence 4, Gap evidence 7, Gap evidence 8-1, 2, Gap evidence 9, Gap evidence 10-1, 2, Eul evidence 12-1, 2, Eul evidence 12-1, 14-2, Eul evidence 14-1, and Eul evidence 14-2, and Eul's testimony as a whole.

D’s patent application and the incorporation process of the Plaintiff Company: (i) D, which was the head of the Development Headquarters of E, an incorporated association pursuing the love and happiness at home, filed a patent application on H (hereinafter “instant invention”) with the Commissioner of the Korean Intellectual Property Office having the inventor G as his own son.

Shed D, the said incorporated association, on May 26, 201, established the Plaintiff Company for the purpose of the development, manufacture, and installation of heating products in consultation with I, the representative of the said incorporated association, who is the manufacture, sale, etc. of the boiler for her hot water and stoves using the instant invention (hereinafter referred to as the “oiler applicable to the instant invention”).

Around July 201, 201, Employer transferred the right to obtain a patent for the instant invention, other than the instant invention, to the Plaintiff Company. On July 27, 2011, hereinafter “J”) entered into a technology use agreement and production supply agreement for the instant invention with the J Co., Ltd. (hereinafter “J”) and decided to register G, J and Plaintiff Company as the joint patentee for the instant invention.

Applicant The invention of this case was registered by the Commissioner of the Korean Intellectual Property Office with the inventor G, patentee G, J, and the plaintiff company by way of K patent L.

(v) The Plaintiff Company was from the time of its establishment to October 1, 2012, when I and G were the representative director, and since October 11, 2012, D is in office as the representative director.

B. (1) The Plaintiff Company entered into a contract for exclusive supply of the shot-type type product between the Plaintiff Company and the Defendant (hereinafter “Plaintiff”) and the J, which was to take charge of the production of the boiler applied to the instant invention, shall enter into the said technology use contract and the production supply contract.

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