logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.11.17 2017가합525338
특허권이전등록 말소절차이행
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

(a) The title of the invention of this case: the filing date of F/registration date/registration number: G/H/ the scheduled date of expiration of the I term: J company on July 24, 2028:

B. The Plaintiff’s patent right to the instant patent invention was transferred from J Co., Ltd. to K on November 22, 201, and again transferred from K to ASEAN on January 16, 2014.

C. Around May 2015, K Co., Ltd. and M, the spouse of Defendant B, began with a discussion to jointly conduct the water shoot manufacturing business, and agreed to the effect that “K grants an exclusive license for the patent right of this case, and M establishes a legal entity by contributing capital of KRW 300 million in the name of Defendant B, but the shares issued by that legal entity are divided by 50% between K and M.”

According to this agreement, L was established on May 28, 2015 (hereinafter referred to as “L”), and on the same day, Defendant B was appointed as an internal director of L, and N, K’s spouse, as L’s auditor.

On November 19, 2015, K and M entered into a share sales contract with K and M as they agreed that M will not participate in L operation related to L operation, and they entered into a share sales contract with the following terms:

(A) Certificate No. 6, hereinafter “instant share sales contract”): M: K, and C: O

1. The sales price B is to acquire 100% of the shares of L (hereinafter “subject company”) held by A (hereinafter “subject company”) and 100% of the funds loaned to the subject company B. The total amount to be paid to A shall be KRW 300 million in capital invested by A and KRW 500 million in cash, including KRW 300 million in capital invested by A (hereinafter “sale price”).

Provided, That no later than December 20, 2015, the final settlement of the purchase price (hereinafter referred to as “final settlement price”) shall be made after mutual consultation after the actual inspection by B, based on the data provided by A to B by B.

2. Down payments and intermediate payments for the purpose of this transaction.

arrow