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(영문) 서울서부지방법원 2015.07.17 2012가합13514
약정금
Text

1. The Defendant amounting to KRW 10 million to the Plaintiff, as well as 6% per annum from August 1, 2012 to October 31, 2012.

Reasons

1. Basic facts

A. The Defendant had “B” patent (patent number C, hereinafter “UTR patent”).

B. On November 28, 2011, the Plaintiff entered into an agreement with the Defendant on the patent of the UTR method, and the content thereof is that the Plaintiff was granted a ten-year non-exclusive license on the patent of the UTR method after having entered the 300 million won Association and joined the UTR Technology Association.

(hereinafter referred to as the “instant agreement”). The Plaintiff paid to the Defendant the amount of KRW 50 million on December 1, 201, and KRW 60 million on the following day, pursuant to the instant agreement.

C. The fact that the Plaintiff agreed with the Defendant was a party to the Technology Association of UTR, the Defendant would have ordered the Plaintiff to do so, if the Plaintiff joined the Central Line D&D Technology Association, to do so. The Defendant would be entitled to do so.

The defendant did not allow the plaintiff to receive the above construction work, and another third party company ordered the above construction work.

Accordingly, on July 6, 2012, the Plaintiff sent to the Defendant a certificate of content that the instant agreement will be rescinded.

[Based on recognition] Each entry of Gap evidence 1 to 10 (including branch numbers for those with branch numbers) and the purport of the whole pleadings

2. Determination:

A. The above Corporation ordered a third party, not the plaintiff, to which it was impossible for the defendant to implement the agreement of this case, and upon notification of the plaintiff's rescission, the agreement of this case was lawfully rescinded.

B. Therefore, the Defendant, as a result of the cancellation of the instant agreement, is obligated to pay to the Plaintiff the amount of KRW 110 million with the payment amount of KRW 110 million from August 1, 2012 to October 31, 2012, the delivery date of the original copy of the instant payment order, and 6% per annum under the Commercial Act and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

3. If so, the plaintiff's claim.

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