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(영문) 특허법원 2020.03.27 2019나1388
기술사용료
Text

The plaintiff's appeal and the plaintiff's claim selected by this court are all dismissed.

An appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited in this case is as follows, and the reasoning of the judgment of this court is as stated in the judgment of the court of first instance except for adding the judgment of this court concerning the claim for return of unjust enrichment explicitly added by the plaintiff in this court. Thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. 이 법원에서 고쳐쓰는 부분 ▣ 제1심판결서 제6쪽 제17행부터 제7쪽 제2행까지를 아래와 같이 고쳐쓴다.

No. 360, 63700, 6410, 6420, 64600, 64600, 64700, 86100, and 86200) all of the construction works submitted by the Defendant at the time of the tender of the instant construction work are eight items (No. 4 No. 63600, 6370, 6470, 8610, 86200).

The first instance judgment recognized these costs as KRW 1,923,259,686 for six items (No. 63600, No. 63700, 63700, 6410, 64200, 64600, 64700), but according to the evidence No. 4, it is deemed that only L direction items are calculated, and the total cost is KRW 2,317,725,163 if it is added up to 8610, 86200. Accordingly, the contract amount under the execution agreement of this case that the Plaintiff entered into with K constitutes KRW 1,564,640,00 (excluding value-added tax, and KRW 67.5% of the total cost of this part offered by the Defendant).

In view of the fact that the portion of the above contract price is relatively high compared to the total cost even though the Plaintiff concluded the above construction agreement with the Defendant, who is a successful bidder, rather than directly concluding the contract, the instant construction agreement that the Plaintiff entered into with K is difficult to view as a mere leasing and supervising of equipment.

" ▣ 제1심판결서 제7쪽 제3쪽부터 제10행까지를 삭제한다.

Since the plaintiff had explicitly added the claim for return of unjust enrichment in this court, the part on the claim for return of unjust enrichment which the judgment of the court of first instance decided is deleted.

3. Judgment added by this Court

(a)the amount of royalties;

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