1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport:

1. Basic facts

A. On August 7, 2017, the Plaintiff and the Defendant concluded a technology use agreement (hereinafter “instant technology use agreement”) with respect to the patent technology for “ earthquake-proof reinforcement device of underground structures” owned by the Plaintiff (application number B, application date C: hereinafter “instant technology”). The Plaintiff granted the Defendant a non-exclusive license for the instant technology for five years, and the Defendant, as a consideration therefor, paid the Plaintiff advance payment of KRW 13,000,000 (excluding value-added tax) and KRW 3.59% of the sales amount (excluding value-added tax) at ordinary technical fees.

The main contents of the instant technology use contract are as follows.

(1) The patentee shall grant a non-exclusive license to use this case or to manufacture and sell the product using this case. (2) The patentee shall grant a non-exclusive license to use the patent or to sell the product. (3) The patentee shall grant a non-exclusive license to use the patent.

Article 4 (Period and Scope of Contract) (1) Contract term of this contract shall be five years from the date of conclusion of this contract.

Article 5 (Technical Fees) (1) A licensee shall pay royalties, the royalties for which are paid for the use of technology, to the patentee with advance technical fees and ordinary technical fees.

(2) The licensee shall pay the patentee a daily KRW 13,00,000 (excluding value-added tax) with advance payment technical fees within five days from the date of conclusion of the contract, as the statutory working day.

(3) The licensee shall pay the ordinary technology fees to the patentee each year from the effective date of this contract to the expiration date of the contract, 3.59% of the total sales generated in the course of the implementation of the technology and in the course of the contract.

Article 12 (Good Faith and Sincerity, and Mutual Cooperation) (1) A patentee and a licensee shall perform this contract in good faith.

(2) Upon request of a licensee, a patentee shall cooperate in the patent for this case, and actively cooperate with the patentee in matters necessary therefor.

(b).