(영문) 의정부지방법원고양지원 2019.05.01 2018가단73795

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(영문) 의정부지방법원고양지원 2019.05.01 2018가단73795

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. Basic facts

A. C Business License Transfer Co., Ltd. (hereinafter “Plaintiff”) concluded a contract with the Defendant for the purpose of manufacturing and selling, etc., the following (hereinafter “instant business transfer contract”) on Oct. 30, 2012, under which the automatic speed control technology, which automatically controls speed by reducing the user’s movement, was implemented by means of “E” (patentF registered with the Republic of Korea) and such technology applied, was a company that manufactures and sells (hereinafter “C business”).

[Scope of Transferred Assets]

1. The Plaintiff shall transfer to the Defendant the assets and liabilities related to the business set forth in attached Form 1-1 and the rights and obligations under the relevant contract related thereto.

2. The Plaintiff, as attached to 1-3, transfers to the Plaintiff all the rights and obligations under the patent exclusive license agreement concluded between the Plaintiff and G on February 20, 2012.

Article 3 [Confirmation of Transfer Value] The transfer value shall be KRW 850,000,000.

Article 4 (Payment Method of Transfer Price)

1. As prescribed in 1-2, the Defendant shall pay the down payment to the Plaintiff at the time of the contract, the intermediate payment to the Plaintiff after completing the domestic patent transfer, and the remainder to the Plaintiff every quarter of three years.

Article 5 [Time and Method for Transferring Ownership)

1. The ownership of assets, etc. shall be transferred to the defendant at the time of the completion of the payment of the balance, but shall enter into the date of payment

A defendant shall not transfer his/her patent right, assets in the process of patent application or in the process of registration to another person until the payment of balance is completed.

The plaintiff shall promptly provide the defendant with all documents necessary for changing the name of the assets subject to the change of ownership, such as patent rights.

After that, the Plaintiff and the Defendant shall transfer the value of physical assets 623,730.

유사 판례

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