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(영문) 창원지방법원 2015.12.17 2014가합35280
사해행위취소
Text

1. On July 10, 2013, the patent right indicated in the “patent indication” in the separate sheet between Defendant Ppool and B as to the patent right indicated in the patent right.

Reasons

1. Basic facts

A. The Plaintiff’s claim against B against the Plaintiff for the claim for the refund of the amount of reimbursement claim against B (Dasan District Court Decision 2012Da194, hereinafter “instant lawsuit”) was previously filed a lawsuit (Dasan District Court Decision 2001Da67726, Nov. 22, 2001) against B, and the Busan District Court rendered a judgment that “B shall jointly and severally with F, pay to the Plaintiff 79,484,210 won and its interest at a rate of 25% per annum from May 29, 201 to November 22, 2001, and the above judgment against B was finalized until the date of full payment, which became final and conclusive as it is, and thereafter, filed a lawsuit against B for the interruption of extinctive prescription.”

B. On May 3, 2012, the Busan District Court sentenced F to the judgment that “B shall pay the Plaintiff 79,484,210 won and the interest thereon at the rate of 5% per annum from May 29, 2001 to November 22, 2001, and 25% per annum from the next day to the date of full payment” and the above judgment on May 25, 201 became final and conclusive as it is.

B. (1) B, on October 17, 2012, the patent right indicated in attached Form “G” with respect to “G” (hereinafter “instant patent right”).

(2) On July 10, 2013, B entered into a contract on the transfer of the patent right of this case (hereinafter “instant transfer contract”) with the Defendant Poan Co., Ltd. (hereinafter “instant transfer contract”). On July 10, 2013, B completed the registration of the full transfer of the patent right of this case upon receipt C on July 10, 2013.

3. On November 5, 2013, Defendant Spool Co., Ltd entered into a contract with Defendant A on the transfer of the patent right of this case. On November 5, 2013, upon receipt of KIPO E, the entire transfer registration of the patent right of this case was completed.

C. Defendant A, who has granted a non-exclusive license to the patent of this case, is the Defendant Company on November 25, 2013.

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