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(영문) 서울중앙지방법원 2020.06.24 2019나65681
특허비용
Text

1. From February 26, 2018, regarding Defendant B’s KRW 20,581,00 and KRW 4,851,00 among them, among the judgment of the first instance, to the Plaintiff.

Reasons

1. Basic facts

A. On March 2, 2018, Defendant C (hereinafter “Defendant C”) entered into a patent transfer agreement with Defendant C (hereinafter “instant transfer agreement”). The Plaintiff, as a patent attorney, represented Defendant B’s patent business prior to the instant transfer agreement, and Defendant D represented Defendant C’s patent business as a patent attorney after the instant transfer agreement.

B. The main contents of the instant transfer contract are as follows.

Article 1 (Subject to Contract) Defendant B shall transfer all of the patent rights (registration patent and patent application patent) in the attached Form 91 and the relevant application, registration documents and related technologies to Defendant C.

Article 4 (Liability to Maintain Patent Fees) The obligation to maintain the patent and the burden of patent fees shall be borne by Defendant B and Defendant C thereafter on the basis of the date of this Agreement by that day.

Article 5 (Payment for Acquisition by Transfer) Defendant C shall pay the amount of KRW 4 billion to the bank account designated by Defendant B within five business days from the date of the contract as consideration for acquisition by transfer of the patent right 91 (attached Form).

Provided, That the amount of withholding tax shall be remitted after deduction.

Article 6 (Duties of Transferors) (3) When it is necessary to respond to the application and registration of this patent, including overseas patent applications, notification of submission of opinions, and opinions based on grounds for rejection after entering into this contract, Defendant B shall actively proceed.

Provided, That the expenses related thereto shall be borne by Defendant C.

C. Meanwhile, on the other hand, the Plaintiff sent to Defendant D a case list and a statement of expenses on February 28, 2018, and a written opinion and an amendment on a case for which the submission of an opinion by the Korean Intellectual Property Office among the patents for which an application was filed, by e-mail, and sent a patent certificate related to the listed in the attached Table 17, around March 16, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 13, Eul evidence 1, the purport of the whole pleadings

2. Determination

A. A. A mandatory to determine the claim against the defendant B.

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