(영문) 부산지방법원 2015.04.23 2014가합9079

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(영문) 부산지방법원 2015.04.23 2014가합9079

손해배상(기)

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 18, 2012, the Plaintiff entered into a contract with the Defendant on the design registration number C with respect to the design right (hereinafter “instant design right”) owned by the Defendant (hereinafter “instant design right”) under Article 2 of the Agreement on the Establishment of Non-exclusive License for Design, and granted a non-exclusive license to the Plaintiff with respect to the product produced by using the instant design right (hereinafter “instant product”). The main content is as follows.

The owner of a design non-exclusive license agreement (hereinafter referred to as the "representative D") and the non-exclusive licensee A (hereinafter referred to as the "B") shall enter into a contract in relation to the implementation of the design in which A holds rights as follows:

Article 1(Purpose)The purpose of this Agreement is to grant Party B non-exclusive licenses on the design right of Party B as described in Article 2 (hereinafter referred to as “this case design”) and to provide Party B’s rights and obligations in the production and sale of the design right of Party B as described in Article 2 (hereinafter referred to as “the design”).

Article 2 (Indication of Design Right) The name of the design registration number of the owner of the design right shall be not less than 3,00 if the order for the main design that he/she created is ordered to sell to the Seoul, Gyeonggi-do, Gangwon-do, and Chungcheongbuk-do, if the order quantity of the main design that he/she created is not more than 3,00, and the monthly order quantity shall not exceed 3,000, and if the order quantity of the design that he/she created is not more than 4

④ At the time of orders for design Gap’s main design, the method of approval is at least 3,00 items once, 50% of advance payment, and 50% of the balance shall be paid immediately after a report on the completion of supply, and the price shall be at least 5,500 won A, and the price shall be at least 6,500 won, and the price shall be at the rate of increase and decrease in materials.

Article 7 (Assignment of Design Right and Non-exclusive License) (1) A shall have the principal design registered during the term of the contract.

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