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(영문) 부산고등법원 2020.06.17 2019나54224
약정금
Text

1. In accordance with the claim that was changed in exchange in this court, the defendant 240,295,165 won and its corresponding amount.

Reasons

1. Basic facts

A. The Plaintiff is a non-exclusive licensee of C (patent registration D; hereinafter “instant new technology”) and the Defendant is a local government-invested public corporation established on January 25, 1991 pursuant to Article 49 of the Local Public Enterprises Act for the purpose of constructing, acquiring, improving, supplying, and managing buildings, such as housing, and is an ordering person of Busan District E-Industrial Complex Construction Corporation (hereinafter “instant construction work”).

The purpose of Article 1 (Purpose) of the New Technology and Patent Agreement is to enter into an agreement on the use of the new technology in this case for the original contractor of the new technology in this case as the defendant for the creation of the new technology in this case.

Article 2 (Scope of Use) (1) The scope of the construction project of this case where new technology of this case is used shall be governed by design documents (including design documents).

(2) Where there is any disagreement on the scope of the use of the new technology in this case under paragraph (1), the interpretation and judgment of "person ordering" shall apply.

Article 3 (Calculation and Payment of Technology Fees) (1) The “new technology patent holder” agrees to reflect the rate (6.0%) agreed between the ordering agency and the technology holder on the basis of the design price for the portion for which the new technology in this case is used in calculating the cost of construction, as usage fees for the scope of construction where the new technology in this case is used.

(2) The standard amount for the payment of royalties for technology use calculated pursuant to paragraph (1) shall be calculated by applying the successful bid rate of the original contract (80% if the successful bid rate is less than 80%) to the royalties for technology use calculated pursuant to paragraph (1), and the "holder of a new technology patent" shall pay the relevant royalties in installments from the "original contractor" to the "original contractor" according to the progress of construction, and shall endeavor to ensure the quality of construction by providing the technical capabilities owned

(3) Other matters concerning royalties shall be governed by the Enforcement Decree of the Construction Technology Promotion Act.

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