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(영문) 창원지방법원 2015.10.15 2014가합34102
손해배상(기)
Text

1.(a)

Defendant Counterclaim Co., Ltd. (Counterclaim Defendant) KRW 69,600,000;

B. Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed as the same.

1. As regards the exclusive license and technology transfer of “A” (hereinafter referred to as “B”) with respect to the basic facts C representative D (hereinafter referred to as “A”) and A representative director B (hereinafter referred to as “B”) of “A”, “B” shall pay the royalties in consideration of the use and implementation of the technology, and shall enter into a contract as follows:

[Technology]

1.The term "technology" in this Agreement shall include the following patent applications and the following items:

(1) Patent rights owned by "A" registered within December 31, 2012,

2.The Korean patent and the foreign patent related thereto are included in the category of this technology when they are registered.

Provided, That trademark rights shall be excluded.

Article 2 (Exclusive License) The contents of exclusive license shall be as follows:

1. “A” shall grant “B” the right to implement the technology (hereinafter referred to as “exclusive license”) in accordance with the terms and conditions of this Agreement.

2. The term "exclusive license" referred to in the preceding paragraph means any act or right that "B" produces or sells a product, or is related to the use or implementation of the technology that "A" provides, in accordance with this Agreement.

3.The area shall be all the world areas including the Republic of Korea;

In any case, an exclusive license shall not be transferred to a third party.

Article 3 [Working Hours] The permitted period of exclusive license shall be five years from the date of conclusion of the contract.

Article 4 [Technical Fees, Method of Payment and Related Documents] “B” shall pay advance technical fees and ordinary technical fees to “A” in consideration of the exclusive license as follows:

1. Prepaid technical fees: “A” means no prepaid technical fees, instead of granting an exclusive license to “B” with the exclusive license;

2. Ordinary technical fees: A “B” instead of paying the ordinary technical fees separately.

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