(영문) 대구지방법원상주지원 2014.10.02 2013가합7116

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Reasons

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(영문) 대구지방법원상주지원 2014.10.02 2013가합7116

매매대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff owned a patent right (registration number C-D, registration number E-F, hereinafter “instant patent right”) for the shopping bags, and was engaged in the business of importing shopping bags produced by a production company in China using the instant patent right from around 2012 and delivering them to Seobwon Co., Ltd. (hereinafter “SbB”).

The defendant is a company engaged in trade business, the manufacture, sale, export and import business, etc. of shopping bags, and H is a person who actually operates the defendant as a representative director of the defendant.

B. When the Plaintiff could not facilitate the supply of shopping bags in Western because of G’s financial problem, etc., the Plaintiff’s transfer of the instant patent right and G’s business right to KRW 600 million between the Defendant and the Plaintiff on May 22, 2013 is “the instant transfer agreement” and “the instant transfer agreement”.

A) A notary public made a contract and received authentication from a law firm name. The main contents of the instant transfer contract are as follows. Article 1 (Sale of Patent Right) The Plaintiff is to permit and sell the Defendant’s exclusive use of patent rights and provide the Defendant with necessary materials, know-how, etc.

1. The scope of the use of this patent is China, Japan, India, and the 140 countries all over the world.

2. All rights within the extent of the use of this patent shall be vested in the Defendant.

3. The time period for the use of this patent shall be 2030 years as specified in the law from the date of the contract.

Article 4 (Guarantees)

3. The Plaintiff and the Defendant are jointly liable in the event of the occurrence of problems caused by defects in the normal payment period, quality, and basic terms of a purchase agreement.

The defendant shall assist the plaintiff with respect to the minimum operation under this.

Article 5 (Payment)

1. The business run by the Plaintiff at present, and

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