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(영문) 수원지방법원 2016.11.18 2016가합1321
특허권소유권이전등록
Text

1. The Defendant concluded a contract with the Plaintiff on August 14, 2014 regarding each patent right listed in the separate sheet.

Reasons

1. Basic facts

A. The Plaintiff filed an application with the Korean Intellectual Property Office for each patent stated in the separate sheet and decided to register all of the applications.

B. On August 14, 2014, the Plaintiff drafted a contract to transfer the right to a patent as indicated in the separate sheet (hereinafter “each of the instant patent rights”) and its related facilities to the Defendant in KRW 300,000,000 (hereinafter “instant transfer contract”). On the same day, a notary public received KRW 30,000,000 as a down payment from the Defendant, when he/she received the authentication from the Defendant on the ground that he/she received the authentication under No. 1069, such as the preparation of a law firm in the form of a law firm.

[This case's transfer contract] Article 1 / [Purpose of the contract] The defendant shall take over all the intellectual property rights in the register specified in Article 2 of the plaintiff's possession of the plaintiff's intellectual property rights and the actual facilities for the manufacture of dried salt held by the plaintiff, and the defendant shall pay the price to the plaintiff.

Article 3 [Terms and Conditions of Contract] ① Under the condition that the Defendant takes over all of the Plaintiff’s intellectual property rights (other than each of the instant patent rights and trademark patents owned by the Plaintiff) and the manufacturing facilities for dried salt held by the Plaintiff, the Defendant shall pay KRW 300,000 to the Plaintiff, and the down payment (10%) shall be paid at the same time as the contract is concluded.

(2) The defendant shall transfer the intellectual property right specified in Article 2 to C at the same time as the down payment is made by the defendant.

(3) The defendant shall pay the balance to be paid to the plaintiff within one year from the contract date.

④ The Plaintiff is simultaneously engaged in the exclusive use of patent rights that it transferred to the Defendant until the remainder of the Defendant’s remainder and at the same time selling its own products with the company currently operated by the Plaintiff.

⑤ After the remainder payment, the Defendant shall appoint the Plaintiff as a technical adviser, and shall determine the Plaintiff’s annual salary as KRW 36,00,000 for the next three years and guarantee it.

Article 4 [Conditions for Settlement] (1) The defendant shall pay 10% of the down payment (30,000,000 won) at the same time as the contract is concluded, and the balance shall be paid in full within one year after the contract is concluded.

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