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(영문) 서울중앙지방법원 2011.01.21 2010가합25600
주식양도 등
Text

1. The Plaintiff (Counterclaim Defendant)’s principal claim against the Defendant (Counterclaim Plaintiff) and the Defendant (Counterclaim Plaintiff)’s counterclaim.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged by taking into account the following facts: evidence No. 2-1, evidence No. 12-1, evidence No. 2-3, evidence No. 22-1, 3, 4, 8, 9, 10, 13, 14, 15, 16, 17, 18, and evidence No. 24-1, 2, 3, 9, 10, 11, 13, 17, 27, 32, 36, evidence No. 5-1, 2, and evidence No. 16.

On April 21, 2009, the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) entered into a patent technology license agreement with the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) using technology related to patent rights, etc. owned by the Plaintiff (hereinafter “instant agreement”).

B. The main contents of the instant contract are as follows.

Article 1 (Purpose of Contract) A (Plaintiff) grants to B (Defendant C) the right to use patent technology, etc. as provided for in Article 2 for the activation of Gap's business, and the purpose of this contract is to clarify the rights and obligations between A, B and C (Defendant B).

Article 2 (Patent Technology, etc. for Use) (1) A shall grant B the right to use patent (patent) technology, etc. as specified below, and at the request of B, A shall grant B a non-exclusive license to B.

AB ABC ABC of the Patent Z of the Patent D EF G HG HaK NAPPPPP TR NAPPP Y Y ABC Y ABC of the Patent DH, upon Eul’s request, implement the procedures for the grant of non-exclusive license as soon as the technologies are registered so as to enable the use and implementation of the patent technology filed by A, the patent technology to be developed and applied for further, the patent technology to be registered, and the patent technology to be registered.

(3) Eul shall use specifications registered with the Public Procurement Service.

(4) Eul shall revoke a patent already filed and a utility model.

§ 3 (Contract Term) This Agreement shall continue to exist from the date of conclusion of the contract until the date of termination of a patent.

However, A shall terminate this contract at any time.

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