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(영문) 서울고등법원 2020.09.18 2020나2011252
기타(금전)
Text

The plaintiff's appeal and the supplementary selective claims in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Facts of recognition;

A. On November 24, 2014, the Defendant ordered C Corporation located in Seopopo City B (hereinafter “instant construction”), and entered into an agreement on the use of new technology (hereinafter “instant use agreement”) with the content that, among the instant construction works, E Co., Ltd. (hereinafter “E”) and E would use three patent rights (hereinafter “the instant patent,” collectively referred to as “patent F, G, patent H,” and the method of application thereof, for the purpose of using the patent and new technology applicable to D among the instant construction works, and its main contents are as follows:

(Purpose) The purpose of this Convention is to enter into an agreement for use with respect to (C) the owner of new technology (patent) as the owner of the said construction work, E, as the owner of the said construction work, to allow the successful bidder to use the said construction work.

Article 2 (Scope of Use) (1) The scope of use of a new technology among the above construction works shall be governed by design documents (including design documents).

Article 3 (Use Fees, etc. for Technology) (1) as usage fees for the scope of construction for which a new technology (patent) is used under Article 2, E agrees to reflect the rate (5.11%) agreed between the ordering agency and the technology holder on the basis of the design price for the portion for which a new technology (patent) is used in calculating the cost of construction.

(2) The user fees appropriated pursuant to paragraph (1) shall be paid in installments by the successful tenderer according to the progress of the construction project, and the technical know-how owned by E shall be provided to the successful tenderer so as to ensure the quality of construction.

(3) Technical fees shall be treated in accordance with the "Standards for the application of royalties for new construction technology" prescribed by the Minister of Land, Transport and Maritime Affairs pursuant to Article 34 of the

Article 4 (subcontracts, etc.) (1) The whole or part of a construction work for which a new technology under Article 2 is used shall use the technological know-how of the technology holder.

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