(영문) 대구지방법원 2015.08.28 2014가합3027

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(영문) 대구지방법원 2015.08.28 2014가합3027

사해행위취소 등

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a person who is engaged in the mechanical manufacturing business in the name of “E”, and the Defendant B (hereinafter “Defendant C”) is a company holding the patent right indicated in the separate sheet, and the Defendant C is a person registered as the representative director of the Defendant C from October 12, 2012 to May 20, 2013.

B. On April 24, 2013, the Plaintiff entered into a contract for the use of rights, such as patent rights, etc. with the Defendant Company to develop and manufacture agricultural machinery using the patent right owned by the Defendant Company (hereinafter “instant contract”). The definitions (i) term of major terms in the contract (hereinafter “instant contract”): F (product title: FTS500-1, FTS500-2), and LD-1, and LD-2) 2: H-exclusive agricultural machinery that the Defendant Company is scheduled to request the Plaintiff to develop and develop the products, and is planned to request the Plaintiff to develop the products, and Article 2 (Settlement of Price for Use) of the Agreement (2).

1. In return for the use of the patent right, etc. of the Defendant Company, the Plaintiff shall preferentially bear the costs of the No. 2 product to be developed by the Defendant Company without supporting the Defendant Company, and settle the costs of the sale of the developed product in order from the sales proceeds

2. The costs for developing the products used by the Plaintiff shall be calculated by adding the manufacturing cost to the manufacturing cost when the products available for sale to the Defendant Company after the completion of the development of the products.

3. The Defendant Company has ordered at least 20 vehicles every month (at least 100 vehicles in total from December 2013) from the first to second month from which the Plaintiff is able to produce the 1st unit (at least 100 vehicles) to the Plaintiff at the same time.

4. In the event of failure in product development, all the costs associated with product development shall be borne by the Plaintiff.

Article 5 (Settlement of Prices and Delivery of Goods)

1. The plaintiff is the defendant with reasonable development costs incurred in the course of product development.

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