1. The claim of this case is dismissed.

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

The Plaintiff and A are co-owners of “B” patent (C) and “D” patent (E) (hereinafter collectively referred to as “instant patent”).

On September 4, 2009, the Defendant entered into the instant agreement on construction technology (hereinafter “instant agreement”) with the Plaintiff, with respect to the blasting method designated as a new technology in relation to the instant patent (hereinafter “instant new technology”), as follows:

Article 1(Purpose) of the F (New Technology G) Convention aims to provide cooperation and support for the smooth use of the new technology of B (Plaintiffs in this case) on the construction project containing the said new technology among the construction works ordered by A (Defendants in this case) (hereinafter “the construction project involving the said new technology”).

Article 3 (Mutual Obligations) (1) A shall guarantee the rights of the holders of new technology by faithfully reflecting the usage fees under Article 34 (1) of the Enforcement Decree of the Construction Technology Management Act at the time of ordering “new technology application construction works” based on this Convention.

(2) Eul shall not abuse its superior position as a new technology developer, such as evading concluding a contract with a successful tenderer in a construction project using a new technology, demanding user fees, etc. other than the scope prescribed in this Convention, and shall make every effort to ensure the quality of construction by providing a successful tenderer with a technical know-how owned by Eul.

Article 6 (Payment of Fees for Technology Use) shall be paid from a successful tenderer in installments according to the progress of the construction work, which is calculated in accordance with Articles 4 through 5.

Article 8 (Change of Method of Construction) A may modify a new technology or a general construction method in the event of a change in the site conditions of the construction works applying a new technology, a determination that the said new technology has excellent technology, or a failure of B to perform its contractual duties, thereby hindering the performance of its contract, and no objection is raised against this.

[Reasons for Recognition] Facts without dispute, Gap evidence 2 to 6 (including virtual numbers; hereinafter the same shall apply).