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The part against Defendant B among the judgment of the first instance, is revoked, and the plaintiff corresponding to the revoked part is revoked.
Reasons
1. Basic facts
A. The Plaintiff is the party-related 1) The patent right listed in the separate sheet (hereinafter “instant patent right”).
(C) Defendant B was established on April 9, 2013 for the purpose of hosting services and distribution business, etc., and owned the patent right in this case together with Defendant C, with respect to D, who was the titleholder of the registration of the patent right, as follows:
3) Defendant C was established for the purpose of developing and producing new materials on March 18, 2015, and owned the patent right of this case with Defendant B (hereinafter “I”) is a company established for the purpose of hosting service business, etc. on April 12, 2007, and transferred the patent right of this case to the Defendants.
B. 1) The instant patent right is a right related to the technology of the two-wheeled moving body, such as Oralba, and as a right related to the technology of the two-wheeled moving body, D and Q jointly applied for a patent application, and the patent registration was made under the name of H on the H date, and thereafter the transfer registration was made under the name of I on February 6, 2009 with respect to the portion in the name of G. 2) thereafter in the name of D and I on October 7, 2015.
3) On September 12, 2017, D received a transfer registration of Defendant C’s share in the instant patent right from Defendant C on December 6, 2017, and completed a transfer registration again in the name of Defendant C with respect to the said share. (c) On July 16, 2003, the Plaintiff was drafted and delivered a written agreement stating that “D shall pay the Plaintiff KRW 840 million to the Plaintiff by August 31, 2015, while D invested KRW 500 million in U.S., the representative director of the Plaintiff, but did not receive a refund of the investment amount.”
2. The plaintiff filed a lawsuit against D to seek payment of the agreed amount under the above agreement and "D" is KRW 890 million against the plaintiff.