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(영문) 대전지방법원 2020.09.10 2019가합109357
기술사용료 반환
Text

1. The plaintiff's main claim is dismissed.

2. The defendant is about USD 300,000 and USD 100,00 among them to the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company located in Hong Kong as the business of international electronic commerce, the export of electric power supply facilities, etc., and the Defendant is a company that engages in research and development, manufacture, etc. of radio, robots, nanotechnology, etc.

B. Around January 2018, the Plaintiff and the Defendant: (a) granted the Plaintiff the exclusive license of C Technology (patent name: D; patent number E; hereinafter “instant technology”); and (b) entered into a technical license agreement with the content that the Plaintiff pays royalties to the Defendant (hereinafter “instant contract”).

The main contents thereof are as follows:

The Technical License Agreement was concluded between the defendant as a corporate body in Korea and the plaintiff as a corporate body in Hong Kong.

The defendant has the right to grant the exclusive license to the plaintiff in accordance with the acquired license technology under Article 1, and allow the plaintiff to produce C's patented products, and the plaintiff shall pay royalties to the defendant at the cost of realizing the license technology.

Therefore, I agree as follows, taking into account the mutual commitments contained in this document and the commitments that the defendant and the plaintiff have legal binding force:

Article 1.1 (Definitions) In accordance with this Agreement, the technology called "patent technology" provided by the defendant to the plaintiff shall be as follows:

a) Patent name of the technology of this case: D Patent registration number: Eb) the product process description 1.2 of the product to which C applies, refers to all the product to which the technology of this case applies.

1.3 The term “affiliated” means all companies, legal entities, associations or enterprises in which the Plaintiff owns, directly or indirectly, control shares.

Pursuant to this Agreement, Article 2 (Technology License) 2.1, the Defendant shall grant the Plaintiff the right to embody the License Technology (the license under Section 1.1, the license under Section 1.1, and the “License” under this Agreement).

2.2 The term “line” means:

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