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(영문) 대구지방법원 경주지원 2018.08.17 2018가합2066
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

(b) the facts of the basis;

A. The Defendant concluding the first patent use contract is a patentee with respect to the patented invention listed in the attached Table (hereinafter “instant patent”).

On January 13, 2004, the Plaintiff and the Defendant entered into an exclusive license agreement for the patent of this case (hereinafter “instant first contract”). The main contents are as follows.

Patents entered into an exclusive license agreement between the Defendant (hereinafter referred to as “A”) and the Plaintiff (hereinafter referred to as “B”) on the following terms:

1) ① Patent C(D)(2) (2) (hereinafter “C(D) (hereinafter “A”) registration of a utility model, <2> registration of a utility model, F (P) registration of a utility model, 3) registration G (P) registration of a utility model, and D(P) registration of a model G (P) (3) international patents H 2) including countries in China and other applications, and countries to be filed in the future, * 3) (1), (2), (3), (4) referring to A’s domestic patent, referring to “B” and “B” under the terms and conditions of this Agreement, but this Agreement refers to the above invention of “A” and assigned export and use rights to “B” to “B,” and “A” shall be assigned to “A” in accordance with the terms and conditions of this Agreement.

Article 2 (Terms and Conditions of Contracts) 2-1. “B” means “A” to pay 3 million won per month the 10th day of transfer of rights permitted under this Agreement for the transfer of exclusive licenses, as follows: “B” shall pay Royalty of KRW 100,000 per month to “B”; and an export contract has been made with other countries, other than Japan, and the sales therefrom have been generated by adding 2 million won from the following month during which the sales have been generated.

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