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(영문) 서울중앙지방법원 2015.06.30 2015가합503938
기술료
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. On October 201, the Plaintiff entered into an agreement on the development project of technology at each stage with respect to “C” research tasks (hereinafter “instant task”), regardless of whether before or after the rehabilitation was performed, as the Seoul Central District Court 2014 Mahap10, and appointed B as the custodian. On July 23, 2014, the Plaintiff entered into the second-year agreement (hereinafter “instant agreement”) around September 201 with “C” (hereinafter “instant task”).

The contents of the instant agreement relating to the instant case are as follows.

Article 4 (Rights and Responsibilities of Parties) (1) The plaintiff shall have the following authority and responsibilities:

(e)Collection of royalties. A defendant company shall have the following authority and responsibilities:

(g) Collection, use, and payment of royalties, and reporting on the results thereof (in the case of tasks to collect royalties and payment of royalties), Article 11 (Conclusion of Implementation Contracts and Payment of Royalties) (1) In the case of tasks to collect royalties, the Defendant Company or the Korea Institute of Machinery and Machinery, which

At this time, the implementing company shall pay the amount prescribed by the relevant statutes and regulations at the time of determining the amount of royalties to the Plaintiff.

(2) Other detailed matters concerning the imposition, collection, etc. of royalties shall be governed by the provisions of relevant Acts and subordinate statutes and provisions of Article 16.

Article 16 (Observance of Relevant Acts and Subordinate Statutes and Regulations) (1) The defendant company and the Korea Institute of Machinery shall comply with the Enforcement Decree of the Industrial Technology Innovation Promotion Act, operational guidelines, management guidelines, guidelines for collection and use and management of royalties, guidelines for calculation, management and use of project costs, and other provisions for follow-up management (hereinafter referred to as "related Acts and subordinate statutes and regulations"), and this Agreement.

B. The Plaintiff and the Defendant Company are determined and notified as successful in the development of the Defendant Company’s technology at the time of the conclusion of the instant agreement.

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