1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a government-funded research institute established mainly for the development and proliferation of industrial source technology in the field of machinery, reliability evaluation, test evaluation, etc. pursuant to the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes, Etc.

B. A is an employee of the research institute attached to the Plaintiff, who is the inventor of the instant eight inventions, and the Plaintiff is the patentee who acquired the patent by succeeding to the right to the said eight inventions (hereinafter “instant patent”).

C. On June 2009, the Plaintiff entered into a technology transfer agreement with IMT and received KRW 250 million as a consideration, and thereafter, Article 3 (1) of the Intellectual Property Management Regulations (referring to the Plaintiff; hereinafter the same shall apply) of the Intellectual Property Management Regulations, which is a internal regulation, succeeds to the right to obtain a patent for an employee’s invention by the inventor, in accordance with the articles of incorporation 34 and the provisions of the employment contract.

(hereinafter referred to as "Research Institute" shall be paid to the inventor with incentives, as prescribed by the Incentives Payment Regulations, if any income accrues due to the transfer of patent rights, the grant of exclusive licenses, the grant of non-exclusive licenses, etc.;

Article 12 (Use of Technical Fees) (1) The Guidelines for the Operation of Technology Transfer (Use of Technology Fees) (1) Where the use of royalties is specified in the Government-related Acts and subordinate statutes, etc., such Acts and subordinate statutes shall govern, and where the use of royalties

2. Compensation for researchers participating in research and development: At least 50% of the amount of royalties collected to A, who is the inventor of the above patent, paid 140 million won as compensation on July 3, 2009 (hereinafter “instant compensation”); and income tax of KRW 50 million as income subject to taxation was withheld from income subject to taxation; however, the remaining amount of KRW 90 million as compensation.