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1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff is a company established for the purpose of running gold-making and sales business, and the Defendant is a person operating “C”.
B. On April 30, 2005, the Plaintiff and the Defendant entered into a technical guidance and license agreement (hereinafter “instant technical contract”) and the main contents are as follows.
Technology provider: Article 1 (Purpose of Contracts and Verification Matters)
1. The plaintiff is entitled to transfer technology and patent rights, design rights, utility model rights, and utility model rights from (stock) EF located in Japan, which has developed D (hereinafter referred to as "D") and has a valuable technology know-how with a valuable value related thereto. The plaintiff applies for or registered the patent, utility model, and design to the Republic of Korea and Japan for the pertinent D and its form, connection, design right, and construction design. The defendant wishes to obtain from the plaintiff the right to sell D using the pertinent patent right, design right, and technology know-how (hereinafter referred to as "authorization method"), and also wishes to obtain from the plaintiff the right to manufacture, sell, construct, and connect D using the pertinent patent right, design right, and technology know-how (hereinafter referred to as "non-exclusive license") on the basis of the design right of the relevant technology know-how, and the plaintiff has the intention to grant the defendant non-exclusive license (hereinafter referred to as "non-exclusive license").
2. The plaintiff and the defendant undertake to comply with the provisions set forth in this contract, regardless of whether the plaintiff's patent, utility model, and design application is accepted in the Republic of Korea.
Article 4 (Provision of Nanotechnology and Technical Assistance)
1. The Plaintiff shall provide the Defendant with sufficient technology necessary for using the method of granting the contract products during the effective period of this contract.
Article 6 (Technical Fees) The Defendant is entitled to royalties for the grant of non-exclusive licenses based on this Agreement (hereinafter referred to as “Roat”) with the amount described below: