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(영문) 서울고등법원(춘천) 2017.06.07 2017나242
대여금
Text

1. Of the judgment of the court of first instance, KRW 60,00,000 against the Plaintiff and its related amount from April 11, 2016 to June 7, 2017.

Reasons

1. Basic facts

A. On January 31, 2005, the Plaintiff (the title “C”) and the Defendant concluded an agreement on the distribution of profits from the production and sale of products and an exclusive license agreement with respect to the patent D (E) holding the patent right as follows.

▣ 제품의 생산과 판매 이익금 배당에 관한 약정(이하 ‘이 사건 약정’이라 한다)

1. The rights to this patent are 50%, Plaintiffs 50%, and 50%.

3. The defendant shall provide the plaintiff with finished products and production plans within 90 days from the date of receipt of funds, but may extend the period according to the characteristics of the product.

4. All powers relating to sales shall be the Plaintiff’s shares.

5. The plaintiff pays 3% of the sales profits to the defendant.

6. Funds for product production shall be borne by the Plaintiff.

8. The responsibility for production shall be borne by the Defendant and the priority shall be produced by the OEM (Entrusted Subcontract) method.

11. Funds necessary for the incorporation of a juridical person and all its implementations are the Plaintiff’s shares.

12. The responsibility for production shall be the defendant's share, and the fund and production plan shall be provided to the plaintiff immediately, and the plaintiff shall present an implementation plan for the fund to the defendant.

▣ 전용실시권 설정계약 제2조(실시권의 허락) 피고는 원고에 대하여 원고가 본건 특허를 실시한 제품을 생산 또는 판매하거나 기타의 처분을 하기 위한 본건 특허에 대해 전용실시권을 허락한다

(hereinafter) Article 5 (Non-performance Fee) The Plaintiff shall pay to the Defendant, in cash, a license fee equivalent to 3% per quarter based on the sales volume of the product for which the license was granted, within 10 days after the end of the quarter, and if the Plaintiff uses the products for its own business, the products are deemed sold at the time of commencement of use.

(b).

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