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(영문) 수원지방법원안산지원 2020.01.09 2019가합5403
양도대금청구
Text

1. As to the Plaintiff’s KRW 20 million and KRW 110 million among them, the Defendant shall start on July 1, 2017, and the remainder 100 million.

Reasons

Facts of recognition

On January 7, 2016, the Plaintiff entered into a patent transfer agreement with the Plaintiff and the Defendant to transfer five patent rights owned by the Plaintiff to the Defendant at KRW 880 million (including value-added tax; hereinafter the same shall apply). The Plaintiff entered into a contract with the Defendant with the following content:

(hereinafter referred to as the “instant contract”). The Plaintiff (hereinafter referred to as the “Plaintiff A”) and the assignee (hereinafter referred to as the “Defendant B”) who are the patentee enter into a contract for the transfer of patent rights as defined in this contract as follows:

Section 1 (Purpose of this Agreement) The purpose of this Agreement is to determine all necessary matters for A to transfer its patent rights specified in Section 2 below (hereinafter referred to as "the Patent") to B.

Section 2 (Indication of Patent) The 5 Patents, the subject of which is the contract, shall be as follows:

1. Patent registration number C: D;

2. Patent registration number E: F;

3. Patent registration number G: H;

4. Patent registration number I: Although J Patent name is “R”, it appears that “Whitesker” (a number of micrometers growthed on the surface of metal decision neglected for long time) as in “O”.

Manufacturing Method

5. Patent registration number K: L Article 3 (Scope of Assignment) A shall transfer all of the patents owned by A to B.

Article 4 (Registration of Transfer of Patent Right) B shall transfer and register patent rights under this Agreement at annual expense by paying the transfer price under Article 6, and actively cooperate with Party A.

In full payment of the transfer price of N.1 to 3, the above patent 1 and 2 shall be transferred, registered, and the above patent 3, 4, and 5 shall be transferred at the time of full payment of the transfer price of N.4-5.

Here, "NO." seems to refer to the sequences specified in Paragraph 2 of Article 6.

Article 5 (Change of Right to Patent) A confirms that prior to this Agreement, the patent technology has not been pledged to third parties or has not been transferred or authorized to use all or part of the patent technology.

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