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(영문) 부산지방법원 2017.10.25 2016가합49101
특허권이전등록 등
Text

1. The defendant shall register the transfer of a patent to the plaintiff A as stated in the attached Table 1, and attached Form B to the plaintiff B.

Reasons

1. Basic facts

A. On November 1, 2014, Plaintiff A entered into an employment contract with the Defendant (hereinafter “instant employment contract”) with the following terms and conditions, and performed the work of developing new products at the Defendant Company.

1. The term of a labor contract: It shall be one year from November 1, 2014, and shall be automatically extended one year from the date both parties fail to indicate their intention of termination;

2. Office and position: In-house directors of the Development Division;

3. Details of duties: Development of products and management thereof;

4. 1. Remuneration and special circumstances 1. annual salary 40 million won - 2. A monthly salary shall be calculated and paid 1/13. A monthly salary shall be paid 50 per cent each on the New Year’s Day and the New Year’s bonus.

3) The normal payment of benefits shall be 20,000 shares, 20% of the start-up capital, recognized as a joint start-up owner and paid 1 million won per month prior to the following month from the sale of developed products.

B. On October 30, 2015, Plaintiff A retired from the Defendant Company.

[Reasons for Recognition] Unsatisfy, Gap 1, Eul 8's each entry, the purpose of the whole pleadings

2. Determination on the plaintiffs' claims for patent transfer registration

A. 1) The plaintiffs' assertion 1) The plaintiffs are patent rights listed in the separate sheet from the defendant (hereinafter "each patent right of this case").

(2) Although the defendant transferred the above patent right to the defendant company upon receiving the promise to return the above patent right by using the publicity of the defendant company, the defendant does not return the above patent right until now. Therefore, the defendant is obligated to implement the procedure for the registration of transfer of each patent right of this case to the plaintiffs. 2) The defendant's argument that the defendant transferred the above patent right of this case to the defendant, and

B. The patent right listed in the separate sheet No. 1 was filed by the Plaintiff on the D date and registered as the E-Date. On January 8, 2015, the fact that the patent right listed in the separate sheet No. 2 was transferred to the Defendant, and the patent right listed in the separate sheet No. 2 on the F Date.

The application was filed and registered on the G date.

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