(영문) 서울동부지방법원 2018.07.19 2017가합110272

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(영문) 서울동부지방법원 2018.07.19 2017가합110272

손해배상(기)

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1. The Defendant (Counterclaim Plaintiff) is jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 57,240,000.

Reasons

1. Basic facts

A. The Plaintiff is a patentee holding a patent (patent number: Patent E; hereinafter referred to as “instant patent”); Defendant limited liability company B (hereinafter referred to as “Defendant company”) is a company with the purpose of automobile rental business, automobile brokerage business, etc.; Defendant C is a person who worked as a director of the Defendant company from April 24, 2015 to June 19, 2017.

B. On May 19, 2015, the Plaintiff and the F Co., Ltd. (hereinafter “F”) entered into a contract on the exclusive license of the instant patent on and around May 19, 2015. Since then, the Defendants succeeded to F’ contractual status, and the Plaintiff granted the Defendants the exclusive license regarding the instant patent and the Defendants are obliged to pay the royalty (hereinafter “instant contract”). The main contents are as follows.

Article 3 (Term and Scope of Contracts)

1. The defendants' exclusive license of the patent of this case shall continue to exist in Korea for three years from the date of conclusion of the contract.

Article 4 (Registration of Establishment of License) The Plaintiff shall grant and register the exclusive license of the Defendants on the patent right, and the Defendants shall provide the documents necessary therefor free of charge.

Article 8 (Fee for Exclusive Use)

1. The Defendants shall pay the Plaintiff in cash a total sum of KRW 160,000 million (including KRW 160,000), and the specific method of payment shall be as follows:

(1) Down payment: 30 million won per day: 620 million won per day - When this contract is concluded, 200 million won per day: 130,000 won per month during the period of technical guidance (3 years), - The payment shall be made in installments every month: 30,000 won per day: 30,000 won per day from the following month after the payment of the contract deposit.

Article 11 (Transfer, etc. of Patent Right)

2. The plaintiff has an exclusive license fee upon the expiration of the patent term of this case.

유사 판례

-서울중앙지방법원 2018.04.13 2017가합557823

-수원지방법원안양지원 2015.10.22 2014가합100431

-대전지방법원 2016.10.20 2016노1686

-특허법원 2017.04.07 2016나1721

-서울중앙지방법원 2011.04.01 2010노3214