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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 (formerly: C Co., Ltd.) is a company that runs the printing business, publishing business, and the printing business, and the Defendant is a company that runs the printing business, the general packing business, etc.
B.D filed an application for a patent regarding “F” on the date, and received the registration of the patent (registration number: H) on the date;
(hereinafter “instant patent”). The instant patent right was transferred to the Plaintiff on September 1, 2009, and again transferred to D on October 29, 2009, and D had a non-exclusive license for the instant patent granted to the Plaintiff on December 14, 2010.
C. On February 10, 201, the Plaintiff and the Defendant concluded a contract for technology transfer and supply with respect to the instant patent as follows:
[2] The term “instant contract” refers to “A product” under the instant contract. 【The instant contract” refers to a contract under which the Plaintiff and the Defendant produce films (only the exclusive use of mixed coffee filling containers) attached to K and deliver L Co., Ltd. (hereinafter “L”) and M Co., Ltd. (hereinafter “M”).
Article 1. Paragraph (1) of the Plaintiff’s Implementation Matters shall transfer to the Defendant the K Film Production and Production Technology, which is supplied to L and M, and require the Defendant to continuously produce, manage, and produce guidance products.
The plaintiff under paragraph (2) shall provide technical guidance and inspect the transfer of products in compliance with the standards required by L and M whenever the products are supplied.
The plaintiff is responsible for damages caused by defective production due to lack of technical guidance of the plaintiff's product production technology.
Article 2 (1) of the defendant's implementation details shall be supplied to L and M with packaging films produced by the plaintiff's instructions, and the payment shall be claimed to the plaintiff.
Paragraph (3) The defendant shall not deliver L and M the same product as the same product to L and M within five years after the expiration of the contract of this case without the consent of the plaintiff.
Article 3. The plaintiff.