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(영문) 서울중앙지방법원 2018.11.16 2012가합540820
손해배상(지)
Text

1. The Defendants shall jointly and severally serve as the Plaintiff the amount of KRW 75,866,024 and the period from December 29, 2012 to November 16, 2018.

Reasons

1. Basic facts

A. On October 14, 2002, the Plaintiff changed the trade name to C Co., Ltd. (D Co., Ltd. on March 15, 2005, and July 2, 2008, hereinafter “Defendant A”) from October 14, 2002 to October 14, 207, the Plaintiff used gas engines heat pumps (GHP) from the Plaintiff to the Defendant for a five-year period from October 14, 2002 to October 14, 2007 between the Plaintiff and C Co., Ltd. (hereinafter “Defendant A regardless of whether it was before or after the mutual change; hereinafter “Defendant A”). The Plaintiff is an air conditioner using the air conditioner for heating and cooling, which is the power of the gas engine operated as the power of the gas engine (LNG and LPG) with the air conditioner operated with the air conditioner between the indoor and outdoor air conditioners.

(GHP) A contract for technology use (hereinafter “instant contract”) was entered into with the content that transfers technology for production and grants non-exclusive licenses thereto.

The main contents of the instant contract are as follows.

Article 1 (Definitions) The following terms used in this Agreement shall have the meanings respectively defined:

1."Contract Products" means Products with the performance set out in Article 1 of the Special Conditions in Annex I to this Agreement.

2. The term “technology” means the technology described in the details of Annex 2 Technology Transfer, among the technologies related to the development of the 20HP gas engines and heat pumps developed by the Plaintiff.

3. The term "technical information" means any information provided on the details of technology transfer in attached Form 2 among the information related to the technology.

Article 2 (Granting of License) (1) The Plaintiff shall grant a non-exclusive license to manufacture, use and sell contractual products in Korea and abroad using industrial property rights and technical information provided by the Plaintiff to Defendant A.

Article 3 (Provision of Technical Information) The Plaintiff shall provide technical information specified in the details of technical information in attached Form 2 within seven days after the date of conclusion of the instant contract and after the receipt of the retainer under Article 6(1).

Article 6 (Technical Fees) ① Defendant A shall be KRW 50,000,000.

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