1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. 1) The Plaintiff is a company running reinforced concrete construction business, soil construction business, etc. 2) The Defendant is a company running steel structure construction business, steel products construction business, etc. The Defendant is a joint patentee of the Defendant and the Korea Construction Technology Institute (hereinafter “D Patent”). The Defendant and the Defendant’s representative director E (hereinafter “Defendant et al.”) are joint patentees of F-related G (hereinafter “G Patent”) and H are the joint patentees of F-related PatentJ (hereinafter “J Patent”).

B. On August 4, 2010, the Plaintiff filed a petition with the Intellectual Property Trial and Appeal Board for a registration invalidation trial against the Defendant for the previous trial or litigation and the conclusion of the previous agreement between the Plaintiff and the Defendant. (2) On May 7, 2012, the Plaintiff and the Defendant concluded an agreement with the Plaintiff that the Defendant shall pay to the Plaintiff 20% of the annual contract price as damages if the Defendant fails to perform the said agreement (hereinafter “the first agreement”).

Accordingly, on May 8, 2012, the defendant changed the registration title of D patent into the joint name of the plaintiff and the defendant, and on June 1, 2012, the plaintiff withdrawn the application for registration invalidation trial on D patent.

3) On March 10, 2014, the Plaintiff filed a lawsuit against the Defendant for payment of KRW 500,000,000 for damages pursuant to the penalty clause of the agreement under Article 1 on the ground that the Defendant breached his/her duty to provide construction works under the agreement (Ulsan District Court 2014Gahap1597). On this ground, the Defendant filed a lawsuit against the Plaintiff for payment of KRW 218,240,000 for damages and design on the ground that the Plaintiff performed construction works designed by the Defendant’s partner other than those provided by the Defendant in violation of the terms of the agreement under Article 1.