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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff made an invention of “C” and registered a patent right related to “E,” and created “E”’s design and registered the design right related to “G” with “H,” respectively. On August 12, 2016, the Plaintiff entered into a contract on the use of the patent and design right with the Defendant for five years from August 12, 2016 to August 12, 2021, under which the Defendant would pay KRW 10,000,000 to the Plaintiff on August 12, 201 (hereinafter “instant patent use agreement”).
B. According to the provisions concerning finished products and accessories (Article 5), supply of accessories, and settlement terms (Article 6) in the instant patent use agreement, the unit price for domestic and overseas sales accessories (including pressing, patent labelling, and royalties) was agreed upon as KRW 1,300 (value-added tax separate) for the part(s) unit price for the part(s) (including pressing, flat, identical with flat, hereinafter “instant accessories”), and the Defendant also agreed to pay in cash the remainder of 60% after taking over the accessories from the Plaintiff. In addition, in manufacturing a cap using the instant patent right, the Defendant provided that all accessories, which are materials of the instant patent, shall be supplied by the Plaintiff, shall be 40% of the principal amount, and the Defendant agreed to pay in cash the remainder of 60% after taking over the accessories from the Plaintiff.
C. On September 2016, the Plaintiff, Defendant representative director, I, etc. agreed to establish and operate the “Stock Company J”, a separate company that produces and sells mother and child using the instant patent right, and completed the registration of incorporation by registering the Plaintiff and I as the inside director, and I as the representative director on October 28, 2016. Accordingly, the Plaintiff transferred the instant patent right to J on December 16, 2016, and completed the registration of transfer of each right.
However, the plaintiff jointly establishes JJ Co., Ltd. as above.