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(영문) 서울고등법원 2016.01.08 2015나2037854
기술료
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. On October 201, the Plaintiff entered into an agreement on the development project of technology at each stage with A (hereinafter “Defendant Company”) and with respect to the research task “C” (hereinafter “instant research task”) at each stage, and entered into the second year Convention (hereinafter “instant agreement”) around September 2012, around 2012, around September 19, 201, around which the rehabilitation procedure was initiated by Seoul Central District Court 2014 Mahap10 and appointed B as a custodian. On July 23, 2014, the rehabilitation procedure was completed by the above court’s rehabilitation plan approval decision.

B. The contents of the instant agreement pertaining to the instant case are as follows.

Article 4 (Rights and Responsibilities of Parties) (1) The plaintiff shall have the following authority and responsibilities:

(e)Collection of royalties. A defendant company shall have the following authority and responsibilities:

(g) Collection, use, and payment of royalties, and reporting on the results thereof (in the case of tasks to collect royalties and payment of royalties), Article 11 (Conclusion of Implementation Contracts and Payment of Royalties) (1) In the case of tasks to collect royalties, the Defendant Company or the Korea Institute of Machinery and Machinery, which

At this time, the implementing company shall pay the amount prescribed by the relevant statutes and regulations at the time of determining the amount of royalties to the Plaintiff.

(2) Other detailed matters concerning the imposition, collection, etc. of royalties shall be governed by the provisions of relevant Acts and subordinate statutes and provisions of Article 16.

Article 16 (Observance of Relevant Acts and Subordinate Statutes and Regulations) (1) The defendant company and the Korea Institute of Machinery shall comply with the Enforcement Decree of the Industrial Technology Innovation Promotion Act, operational guidelines, management guidelines, guidelines for collection and use and management of royalties, guidelines for calculation, management and use of project costs, and other provisions for follow-up management (hereinafter referred to as "related Acts and subordinate statutes and regulations"), and this Agreement.

C. The Plaintiff and the Defendant Company shall be the Defendant Company in accordance with the relevant statutes and regulations at the time of concluding the instant agreement.

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