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(영문) 수원지방법원 2021.01.21 2020나52528
특허권 양도대금 청구의 소
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and the purport of the appeal are the judgment of the first instance.

Reasons

1. Basic facts

A. The parties concerned are companies with the purpose of developing waste recycling and treatment technology and manufacturing aggregate, and C is the representative director of the above company, and the plaintiff is registered as the inventor of the patent listed in attached Tables 1 and 2 (hereinafter “each patent of this case”) and E is the plaintiff’s father.

B. A transaction relationship between the Defendant and E: (a) Company A recommended Company C to take over a patent right created by Company C to take over the patent right owned by Company C; and (b) Company C established the Defendant and the Defendant paid KRW 11 million to G University on December 24, 2012, and acquired the patent right.

2) The Defendant, while running a business using the above patent right, received technical advice from E in return for the payment of technical advice fees. Upon the request of E, the Defendant: (a) registered the Plaintiff as the Defendant’s employee in a formal manner; and (b) paid the said advisory fees by

3) After registering the Plaintiff as the Defendant’s employee on April 1, 2013, the Defendant paid the Plaintiff a total of KRW 152,905,000 as follows, from around that time to January 2017, and paid the Plaintiff a total of KRW 18,991,937 as retirement allowances, etc. on February 10, 2017, and treated the Plaintiff as retirement.

Amount of gold between the period of April 1, 2013 to December 31, 2013 (amount converted: 1,425,000 won) from January 1, 2014 to December 31, 2014 (amount converted: 1,90,000 won per month) (amount converted: 1,900,000 won) from January 1, 2015 to December 31, 2015; 308,000 won (amount converted monthly: 4,109,000 won; 05,00 won (amount converted monthly: 4,109,000 won; 05, 00 won; 05, 00 won; 208, 15,000 won: 1: 208,500 won or more from January 1, 2016 to 31, 2017; 1. 6. 7: 6. 7: 7: 7: 5. 1,6. 88.

C. On the other hand, the Defendant filed an application for each of the instant patents with the Korean Intellectual Property Office on D Date, and completed the patent registration on June 22, 2035 with the term of each of the instant patents on K date and L date as of Jun. 22, 2035.

Subject company: the Defendant.

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