logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2014.08.26 2014가합1724
권리말소등록 등
Text

1. At the same time, the Defendant received KRW 10,000,000 from the Plaintiff, and at the same time, indicated on the Plaintiff.

1. 50/100.

Reasons

1. Basic facts

A. On October 2013, the Plaintiff and the Defendant: (a) transferred 50/100 shares of the Plaintiff’s respective rights indicated in the separate sheet (hereinafter “instant patent right”) in which the patentee or the utility model right was the owner of the patent; (b) on October 14, 2013, the Plaintiff and the Defendant agreed to appoint the Plaintiff as the employee of C, who is the Defendant’s management. (c) On October 28, 2013, the Defendant agreed to appoint the Plaintiff as the employee of C.

(hereinafter “instant share transfer contract”). B.

On October 15, 2013, the Plaintiff completed the registration of partial transfer of 50/100 shares of each of the patent rights and utility model rights of this case under the name of the Defendant. On October 28, 2013, the Defendant transferred KRW 8 million out of the equity interest to the Plaintiff on October 28, 2013, and paid KRW 2 million to the Plaintiff in lieu of the deposit of the room in which the Plaintiff resided.

C. In accordance with the agreement on October 28, 2013, the Defendant concluded an employment contract that employs the Plaintiff as the Plaintiff from October 28, 2013 to October 36, 2000 won per annum (monthly 3 million won), and accordingly, the Plaintiff was in charge of editing, printing, advertising, production of windows, etc. (hereinafter “instant employment contract”), and the Defendant notified the Plaintiff that he was dismissed on January 4, 2014.

(hereinafter “instant dismissal notice”) D.

Since then, the defendant 2.

3. On October 15, 2013, each procedure for registration of partial transfer of a right under the receipt number 2013-0541053, among patent rights, was implemented.

【Ground of recognition】 The fact that there is no dispute, Gap's evidence 1 through 6, Eul's evidence 5, the purport of the whole pleadings

2. Judgment on the claim for cancellation

A. Since the Plaintiff’s judgment on the cause of the claim rescinded the contract by the Defendant’s notification of dismissal of this case, the Defendant did not implement the registration procedure for cancellation against the Plaintiff.

1. Patent right and the instant case.

arrow