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1. The Defendant’s KRW 467,268,479 for the Plaintiff and KRW 6% per annum from August 29, 2015 to September 8, 2016.
Reasons
1. Basic facts
A. The Plaintiff owned a patent right on the intelligent standby power breaker (patent B; hereinafter “instant patent right”) from Chosung-Energy Co., Ltd. (hereinafter “Mediation Energy”). The Defendant is a company established on July 2, 2013 by D, which had been operating the electronic components manufacturing business with the trade name “Ssung-si” from around 2006.
B. 1) On December 5, 2012, the Plaintiff made use of the instant patent right to D with a product using the technology for blocking standby power and standby power (hereinafter “instant device”).
(A) the supply of the right to manufacture costs necessary to manufacture (hereinafter referred to as “previous supply contract”).
The relevant contents were as follows. The scope of manufacturing stipulated in this Agreement is as follows. On 1. The Plaintiff grants D the right to manufacture the product using a patent right as prescribed in this Agreement. The Plaintiff and D, in principle, shall determine the supply source upon mutual agreement with D products manufactured by D. The Plaintiff may request D for a separate sale, and D shall manufacture and supply the product. 2) On the same day, the Plaintiff entered into a contract with D to transfer D the instant patent right at KRW 384.5 million (hereinafter “previous patent transfer agreement”).
3) On January 31, 2013, the Plaintiff completed the procedure for the registration of transfer of the instant patent to D. (C) On June 30, 2013, the Plaintiff entered into a patent transfer agreement under the name of the Defendant (hereinafter “instant patent transfer agreement”) with D on the condition that the instant patent owned by the Plaintiff was transferred to the Defendant between D and D prior to the establishment of the Defendant.
The terms and conditions of the patent transfer agreement of this case are as follows.
The Plaintiff and the Defendant shall have the patent right necessary for the instant device to the Defendant.