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(영문) 광주고등법원(전주) 2019.05.30 2018나10994
계약금반환
Text

1.The judgment of the first instance court, including the claims extended by this court, shall be modified as follows:

The defendant.

Reasons

1. Facts of recognition;

A. The relationship 1) The Plaintiff is a corporation established for the purpose of collecting, transporting, disposing of, and recycling wastes, and the organization of the Defendant, a stock company, was changed on June 2, 2017.

“Defendant,” regardless of whether it was before or after the organizational change;

(2) The Defendant is a co-owner of a technology that separates earth and sand using presse T-Gra and splates and spkes, which is derived from vibration in the production process of circular aggregate (hereinafter “instant new technology”), and was issued a new technology certification and technology verification certificate and E technology verification certificate on July 25, 201, with respect to the instant technology, by obtaining a new technology certification and technology verification from the Minister of Environment.

B. On November 11, 2015, the Plaintiff entered into a new technology transfer/acquisition contract with the Defendant to obtain the instant new technology that the Defendant had, on which November 11, 2015, the “contract on the transfer/acquisition of the status of a new environmental technology developer” (hereinafter “instant contract”) was entered into with the Defendant, and paid the Defendant the transfer price of KRW 300 million in total on the same day.

The main contents of the contract relating to the instant case are as follows:

The purpose of this contract is to transfer the status of the new environmental technology developer to the transferee of the new environmental technology D and verified E's joint developer.

Article 2 (Indication of New Technology) CertificationD and Verification E (Contents of Transfer) 1. On the date of entry into force of this Agreement, the transferor shall transfer all co-owned shares in the certification and verification of new environmental technology as prescribed in Article 2 to the transferee.

(2) If necessary to achieve the purpose of transferring new technology provided for in Article 2, the authority to use the patent right at source or the share in such patent right may be concurrently transferred:

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