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1. The Defendant’s KRW 180,249,528 for the Plaintiff and 6% per annum from May 16, 2018 to August 30, 2019.
Reasons
1. Basic facts
A. The status of the Plaintiff is a company that engages in the business of manufacturing electronic parts, electronic devices, and household electrical appliances, and the Defendant is a company that engages in the business of installing and constructing a dust cleaning machine.
B. The Plaintiff’s patented invention is a patentee of the patented invention as follows (hereinafter “instant patented invention”).
1) The title of invention: C2) Date of application/registration date/registration number: D/ E/F three patentees: the Plaintiff
C. The Plaintiff and the Defendant’s contract 1) On November 1, 2010, the Plaintiff granted the non-exclusive license on the instant patented invention to the Defendant and the Defendant, and the following contract under which the Defendant would pay a certain amount of patent royalties (hereinafter “the first contract”).
The Plaintiff and the Defendant entered into an agency contract with respect to the instant patent as follows. Article 1 (Purpose of Agency Contract) The purpose of this contract is to stipulate the overall matters regarding agency contract between the Plaintiff and the Defendant and to contribute to joint prosperity and development by faithfully observing this contract as mutual trust and good faith. Article 2 (Subject Matter and Method of Agency Contract) ① The Defendant is to perform cleaning technology and related equipment in the ventilation system of the ventilation system using the instant patented invention by the Plaintiff (hereinafter “products”).
(2) The Plaintiff and the Defendant shall have the purpose of contract with respect to the product under this Agreement. (2) Ownership of the intellectual property right (patents, utility models, etc.) filed by the Plaintiff in relation to the product under this Agreement shall belong to the Plaintiff, grant a non-exclusive license to the Defendant, and the period of grant of a non-exclusive license shall be until the expiry date of this Agreement, and the Defendant shall not grant, transfer, or sell a non-exclusive license to a third party without the Plaintiff’s consent. Article 3 (Business Purposes
(2) The defendant was awarded orders by utilizing the plaintiff's main products.