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(영문) 인천지방법원 부천지원 2017.01.11 2016가단101336

제작대금 청구

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 21, 2010, the Plaintiff and the Defendant drafted a memorandum of understanding for the development of industrial marinas, and its main contents are as follows:

This Understanding confirms mutual understanding in order to produce gold-related production and mass products, which are expected to be developed under the agreement of the plaintiff and the defendant.

The penalty required for Yangsan is basically to be manufactured by the defendant upon ordering the plaintiff.

Based on the modeling 3D agreed upon by the Defendant and the Plaintiff, the Plaintiff shall produce gold papers. The gold papers in two types (former one) and two types (former one) shall be produced at the Plaintiff’s expense, and gold papers shall be manufactured at the Plaintiff’s expense, and gold expenses shall be the depreciation method.

B. After the conclusion of the above MOU, the Plaintiff ordered the Defendant to produce gold papers for the production of industrial horse as follows:

(hereinafter referred to as the “instant manufacturing contract”). At this time, a drawing was drawn up according to the measurements measured through 3D (three-dimensional shapes) the specifications of the industrial horse produced by the Defendant previously produced.

도급인 : 피고 수급인 : 원고 품명 : 단구형(單口形 Filter hole 1개) 마스크면체 1세트(13,500,000원), 양구(兩口形 Filter hole 2개) 마스크면체 1세트(14,000,000원) 위 각 금형 총 2세트 제작 (부가가치세 별도)

C. The Plaintiff’s title B.

On March 2010, based on the drawing(s) of the paragraph, the first gold model (hereinafter “the gold model”) was completed, and the test products were produced using the gold model and provided to the defendant.

On March 22, 2010, the defendant and the plaintiff examined the problems of the pilot products and held meetings to correct the problems.

In the above meeting, the diameter of the body of each of the two sides shall be 55 degrees, and the test product is also manufactured at an intermediate value between 28 degrees and 55 degrees, and the engine valves of both sides are linked, the thickness of the upper part of the back part of the body, and the skin are contacted.