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(영문) 서울중앙지방법원 2016.06.03 2015가단5019233
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Around January 2012, B Co., Ltd. (hereinafter “Nonindicted Company”) entered into a contract with the Defendant for participation in research projects (hereinafter “instant contract”) with the following terms and conditions. On June 28, 2012, the Defendant paid KRW 100 million to the Defendant as cash research and development expenses under the instant contract, but the said contract was not made in kind.

The name of the task: C Center (person in charge): the total amount of research and development expenses for the relevant year - KRW 1,857,500 - Government contributions 196,000 - Government contributions - KRW 330,000 (cash: 30,000,000 won in cash: 30,000 won in kind) - the contract period for research and development projects for the relevant year (cash: 246,500,000 won in cash: 1,085,00 won in kind: November 1, 2011 to June 30 (8) of 2012: The defendant and the non-party company shall have authority and responsibilities under the provisions on the management, etc. of national research and development projects and shall carry out such projects in good faith in accordance with the plan for research and development projects.

Article 3 (Payment of Research and Development Expenses) (1) The non-party company shall pay cash and spot contributions to the defendant in accordance with the research and development project plan as follows:

Cash: 100,000,000 won in kind: 300,000,000 won (a separate attachment) ② The non-party company shall deposit the cash to be borne by the non-party company into the account designated by the defendant within one month after the defendant entered into a contract with the non-party company.

Article 4 (Submission of Reports) The defendant shall also submit to the non-party company a report on this research and development task to the head of the research management organization for future-based technology development projects.

Article 5 (Reversion of Results, Products, etc.) (1) Tangible outcomes, such as research equipment, research facilities, prototypes, etc. obtained as a result of the performance of this research and development task and intangible outcomes, such as the right to purchase reports on industrial property rights research, shall belong to the defendant in accordance with the agreement between the management agency

However, the non-party company bears the burden of ownership among tangible results.

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