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1. Of each patent right listed in the separate sheet Nos. 1 and 2, the counterclaim Defendant is entitled to one-six shares, respectively, to the counterclaim Plaintiff.
Reasons
1. Facts of recognition;
A. Around March 2016, Co-Defendant B established a counter-defendant A for a business for the manufacture of mixing land and commercialization thereof (hereinafter “instant business”). Around March 2016, the counter-defendant B entered into an agreement with the counter-party who owns a number of patent rights related to the manufacture of mixing land and the counter-party who owns a number of patent rights related to the manufacture of mixing land, and the counter-party B was in charge of management such as financing and general accounting as the representative director, and the counter-party B was in charge of technical affairs such as production, design, and
B. On March 18, 2016, the Counterclaim Plaintiff B and the Counterclaim Defendant B drafted a “joint establishment agreement” embodying the aforementioned oral agreement, and the main contents are as follows:
(A) “A” means the counterclaim Defendant B, “B”, and “B” mean the counterclaim Defendant A, respectively; hereinafter “instant contract”). With respect to the mixing project between “A” and “B” and “B”, the instant contract is entered into with respect to the financing investment and mixing technology (patent) as follows:
Article 1 (Purpose) In order to establish and enter into a joint establishment contract for the purpose of commercialization of mixing lots by the joint installers (hereinafter “A and “B”), the purpose of this contract is to contribute to the capital of “A” in cash, and “B” means the commercialization of mixing lots by providing patents and know-hows for rights owned by “B” (technology related to mixing lots).
Article 3 (Duties of “A” and “A”) (2) In providing technical assistance and support for the commercialization of Smixers provided by Lessee through this contract, the “A” can be appointed and maintained as the highest technical manager of “A” regardless of any change in all matters, including the business environment of “A”.
Article 4 (Duties of “B”) (1) The transfer of a patent for registration of rights by “B” shall be as follows (the respective patent rights listed in the attached list).