logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2018.01.11 2016가단515242
잔디 청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 28, 2013, the Plaintiff and the Defendant concluded an agreement (hereinafter “instant agreement”) with the following terms and conditions (hereinafter “the instant agreement”). The Plaintiff and the Defendant concluded the instant agreement with respect to the cultivation and sale rights, Party A - the domestic agent of the developer and the developer A - the Plaintiff - the terms and conditions of the agreement - the Plaintiff’s cultivation and seller - the Plaintiff - the Plaintiff - the national sales region in the non-specific culture area with respect to the non-specific Plaintiff’s cultivation and use rights, and the entire country of the country in the national sales region are not for the purpose of the terms and conditions of the agreement and resale for twenty years (within the period of protection of rights) from January 1, 2014 to 20 years (within the period of protection of rights), and the final consumers (government offices, public corporations, individuals, etc.), landscaping companies and landscaping companies that received the contract, and the matters of the special agreement on the construction rights,

In the event of the breach of the above agreement, it has been clearly notified that the Seed Industry Act and the New Plant Variety Protection Act will be punished. In the event of the breach once, the contract can be concluded by stipulating that the defendant shall be liable for damages of KRW 1 billion in civil matters.

Payment Agreements between the Plaintiff and the Plaintiff on License

1. The term “Plaintiff” shall pay 5,000,000 won to “A” as a temporary payment by December 28, 2013 in return for the execution rights and the acquisition by transfer of “C” under the terms and conditions of the contract.

1. The “Plaintiff” in the monthly license use and payment arrangements shall settle and pay 5% of the monthly sales in cash not later than the 10th day of the following month. In the event of a breach on two occasions, the Plaintiff shall be liable for breach of the contract, and the Plaintiff shall gratuitously return and transfer all the supporters and propagations of the “C” purchased from the Defendant, and shall waive the judicial defense.

B. On December 28, 2013, the Plaintiff paid KRW 55 million to the Defendant in accordance with the instant agreement.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 3 and 4, and the purport of the whole pleadings.

arrow