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(영문) 서울동부지방법원 2016.06.03 2012가합17804
약정금
Text

1. As to the Plaintiff’s KRW 823,214,650 among them and KRW 771,250,000 among them, the Defendant shall start on December 18, 2012, and KRW 51,964.

Reasons

1. Basic facts

A. 1) The Plaintiff is a company with the objective of manufacturing construction materials, etc., and the Defendant is a company with the objective of manufacturing the windows and appurtenant facilities. 2) The Plaintiff’s Intervenor A (hereinafter “A”) was an employee of the Daelim Industry Co., Ltd. (hereinafter “Large Forest Industry”) from January 1, 1992 to May 31, 2010.

B. 1) The Plaintiff and A filed an application for utility model registration for a device related to the creation of an invention while serving in the forest industry and acquired the following utility model right: (a) The name of the device of the utility model right related to “C” (hereinafter referred to as “the first device”; and (b) the utility model right related to “A” (hereinafter referred to as “the first device of the utility model right”); and (c) the number of the C utility model application/registration number: the filing date/registration number: F/L (b) the utility model right related to “H” (hereinafter referred to as “the second device”; and the utility model right as “the second utility model right”).

A) The name of the device: the application number/registration number of H utility model / the application number: I/J filing date / the registration date: K/L2) The plaintiff is the "each utility model right of this case where "A" is not more than the first and second utility model right against the plaintiff as of February 20, 202.

A/2 shares are transferred to A. In that regard, the Plaintiff shall pay to A a certain amount of the royalty (the sales amount of less than 50 million won, the sales amount of more than 10 billion won, and the sales amount of more than 50 billion won but less than 2 billion won: 2% of the sales amount, the sales amount of at least 2 billion won but less than 3 billion won: the sales amount of at least 40 billion won, the sales amount of at least 3 billion won, and the sales amount of less than 5 billion won: the amount equivalent to 1.5% of the sales amount, the sales amount of at least 5 billion won but less than 5 billion won: 75 billion won, and the sales amount of less than 75 billion won: the amount equivalent to 1.5% of the sales amount, and the sales amount of at least 75 billion won: the Plaintiff shall be paid 1% of the sales amount between third parties and the Plaintiff.

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