(영문) 인천지방법원 2016.04.28 2014가합60831

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(영문) 인천지방법원 2016.04.28 2014가합60831

약정금 등 청구의 소

Text

1. The defendant shall pay 88,815,500 won to the plaintiff and 15% per annum from April 6, 2016 to the day of complete payment.

Reasons

1. Basic facts

A. On May 2006, the Plaintiff entered into an agreement with the Defendant to grant the Defendant the right to use the patent of this case (hereinafter “instant agreement”) using the name of the patentee as the defendant in filing an application for a patent right as indicated in the separate sheet (hereinafter “instant patent”) developed by the Plaintiff between the Defendant and the Defendant (hereinafter “instant patent”), and the specific contents of the patent fee should be determined by the agreement later, and the specific amount should be determined by the agreement.

Section 6-1). The main contents of the instant agreement are as follows.

The plaintiff shall be "A" and the defendant shall be "B" and the following agreements on patent and utility model technologies shall be concluded by mutual trust between "A" and "B":

Patent Technical Name: D Utility Model Name: A and B mutually trusted with Article 1 (Purpose) A and B, and the purpose is to register as B the same in the application for a patent and utility model for the said technology developed by A.

Article 2 (Patent and Utility Model Technical Right) (1) An application for patent and utility model registration shall be filed in the name of B with the technology developed by A, and a registered patent and utility model right shall be granted to A.

(2) B shall not transfer any registered patent or utility model to any other person without Gap's permission.

Article 3 (Scope of Business Activities) (1) Construction contracts and construction works shall be conducted.

(2) The scope of business activities shall be discharged from Korea.

(3) Eul shall grant a non-exclusive license for construction works, the object of which is not transfer of equity, to Gap with consent.

Article 4 (Cost for Use of Patent or Utility Model) B shall be paid to Gap 1% of the amount of a contract for construction of a patent or utility model.

In order to prove the establishment of this Agreement, two copies of this Agreement shall be prepared, signed and sealed respectively, and one copy shall be kept together with a certificate of seal imprint.

B. Under the instant agreement, F is the patentee of the instant patent.

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