logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.09.22 2016가단52669
약정금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 15,00,000 to the Plaintiff (Counterclaim Defendant) and its amount from April 6, 2016 to September 22, 2016.

Reasons

1. Basic facts

A. On November 6, 2012, the first instance court’s delegation contract and proceeding (1) the Defendant entered into a litigation delegation contract with the Plaintiff, a lawyer affiliated with the law office C, with respect to the patent right (hereinafter “instant patent”) acquired by the Plaintiff by registering the patent number D with the Plaintiff as the patent number D, on November 5, 2010, and the additional agreement entered into on October 17, 2011 (hereinafter “instant exclusive license contract, including the foregoing MOU” and the additional agreement, which entered into with the Plaintiff on October 17, 2011 (hereinafter “instant exclusive license contract”), and paid the said remuneration to the Plaintiff on behalf of the Defendant on the 19th of the same month. Accordingly, the Plaintiff filed a lawsuit against the Defendant for the remainder of the payment claim against the Plaintiff (including value-added tax).

(2) However, on April 3, 2013, her patent of this case is null and void, even if the validity of the exclusive license agreement of this case remains effective, the defendant suffered loss due to the defendant's violation of the contract or committed a tort by sending a petition and a warning of patent infringement to the Korea Evaluation Institute of Industrial Technology (hereinafter "Evaluation Institute") and Seoul Asan Hospital, while the defendant incurred losses due to the violation of the contract or committed a tort by sending a warning of patent infringement, and the exclusive license fee of 35 million won paid as a result of return of unjust enrichment and the compensation amount of 642,575,575,000 won in total, and the compensation amount of 677,575,000 won in total, and the compensation amount for delay damages therefrom, the counterclaim (Seoul Southern District Court Decision 2013Da40856, 67,575,000 in this case, and the above counterclaim and the above counterclaim were newly transferred to the collegiate division of the court (Seoul District Court 20301.37.31.1.

arrow