(영문) 대구지방법원 김천지원 2018.04.25 2017가단3648

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(영문) 대구지방법원 김천지원 2018.04.25 2017가단3648

약정금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. On January 31, 2011, C acquired a patent right listed in the separate sheet (hereinafter “instant patent”) from D, and subsequently transferred the patent to E again on May 9, 2011.

B. D filed a lawsuit against C and E seeking the cancellation of the patent transfer registration, etc. of this case, and the conciliation was established under the condition that D would transfer D’s patent right, etc. to D to D on the condition that D would pay KRW 280,000,000 to D in the appellate trial of the said lawsuit (Seoul High Court 2012Na3877). However, the patent right of this case was finally reverted to E on the ground that D could not pay the above amount.

C. At the time, the Defendant, who was willing to acquire the patent of this case, requested the Plaintiff, the representative director of C, and the Plaintiff’s efforts, could have acquired the patent of this case from E, etc. and completed the registration of transfer.

Since the Defendant agreed to pay the Plaintiff KRW 400,000,000 in return for the case, the Defendant is obligated to pay the Plaintiff the remainder of KRW 200,000,000,000, excluding the remainder of KRW 200,000,000 paid as the Plaintiff’s debt repayment at the time of concluding the above patent acquisition contract.

2. The plaintiff's above assertion is not sufficient to acknowledge considering the whole evidence, including evidence Nos. 5 and 6 submitted by the plaintiff and witness F's testimony, and there is no other evidence to acknowledge it.

Rather, according to the statements in the evidence Nos. 2 and 3, KRW 200,00,000, which the Plaintiff asserted that it was to substitute for a part of the case’s price, is not the price for acquisition of the patent right of this case, but the price for acquisition of the patent of this case following the conclusion of the patent acquisition contract of this case. The agreement to pay not only at the time when the patent acquisition contract of this case was concluded, but also thereafter, was finalized, or the amount was determined to be paid to the Plaintiff

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