1. The Plaintiff (Counterclaim Defendant)’s appeal against the instant principal lawsuit, and the instant principal lawsuit and counterclaim by the Defendant (Counterclaim Plaintiff).

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

On December 17, 2010, the 2307 unit affiliated with the Republic of Korea (hereinafter collectively referred to as "the Republic of Korea") announced a public announcement of the construction of the BJ wastewater treatment facilities and the CJ wastewater treatment facilities located in the Gangwon-gun located in the Gangwon-do Incheon-gun (hereinafter referred to as "each of the wastewater treatment facilities of this case"), and the Defendant bided each of them on December 23, 2010 and won each of them on December 23, 2010.

On November 17, 2010, prior to the public notice of the bid, the Republic of Korea concluded an agreement with the Plaintiff, an exclusive licensee of D (H, Patent E, hereinafter “instant new technology”) on the use of new technology (patent construction method), “the Plaintiff provided the said facility constructor with goods supply or technical assistance, etc.” (patent construction method). At the time of the public notice of the bid, the said new technology was used for each of the instant sewage treatment facilities construction, and the successful bidder concluded an agreement on the supply of goods or technical assistance with the Plaintiff and submitted the said agreement at the time of conclusion of the contract.

The main contents of the above Convention between the plaintiff and the Republic of Korea attached at the time of the public notice of tender are as follows:

Article 3 (Scope of Use and Term of Convention) (1) The binding force of this Convention is limited to the scope of the use of patents necessary for the construction of the facility in this case.

(2) If a dispute arises in the scope of a patent required under the preceding paragraph, it shall be determined by Korea.

(3) The scope of a patent construction method shall be within the scope of protection of a patented invention under Article 97 of the Patent Act, such as machinery and equipment and

Article 4 (Implementation of Construction Works) (1) Matters concerning subcontracting, etc. shall be determined exclusively by the determination of the successful bidder for the installation works of the instant facilities.

Article 7 (subcontracts, etc.) (1) If all or part of the construction works for which patent technology is used under Articles 3 and 4 do not utilize the technical know-how of the technology holder, it is impossible to secure construction and quality or the technology holder.