1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 40,330,932 as well as to the plaintiff on September 2015.

1. The reasoning for this part of this Court is that the reasoning is the same as that of the judgment of the court of first instance from the 7th to the 3th 8th eth eth eth eth eth eth eth e.g.

2. Determination as to the claim for patent user fee

A. According to the facts of recognition as above, 338,744,221 won, which the Defendant received as progress payment of the instant construction, is the sales amount that was charged to the Plaintiff on the basis of the non-exclusive license. Thus, the Defendant is obliged to pay the Plaintiff technical support fees and patent fees (=38,74,21 won x 5.5% x 5.5% x won) equivalent to 5.5% of the agreed ratio among the Plaintiff.

(A) The Plaintiff is obligated to pay to the Plaintiff the royalty of KRW 5 million on April 11, 2014, on the following grounds: (a) 5.5% of the sales amount agreed upon in the instant contract is a consideration for granting a non-exclusive license; (b) thus, the Defendant’s assertion that the patent royalty of KRW 5 million cannot be paid because technical assistance in a quid pro quo relationship has not been provided is without merit. Meanwhile, the Plaintiff is a person who deducts the Defendant from the contract deposit that was to be refunded through the written agreement dated April 11, 2014. As such, the Defendant is obligated to pay the Plaintiff the royalty of KRW 13,630,932 (=18,

On the other hand, the Plaintiff had the Defendant use the Plaintiff’s patent right for SS Construction Co., Ltd. (hereinafter “SS Construction”) on the remainder of the construction work in the instant case.

In addition, the Defendant is liable to compensate the Plaintiff for damages due to the discontinuance of the instant construction due to the cause attributable to the Plaintiff, and the Plaintiff is entitled to pay the patent fee calculated according to the aforementioned ratio (the modified construction fee less the above progress payment, KRW 11,987,622, which is the remainder after deducting the above progress payment).

On the other hand, as seen earlier, the Defendant agreed to pay patent fees for sales. Here, sales amount is actually carried out by the Defendant and actually carried out the construction.