손해배상(기)
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.
The defendant.
1. The facts under the basis of the facts are either in dispute between the parties or in respect of the testimony of the witness B of the first instance trial, which shall be acknowledged by taking into account the overall purport of the pleadings, as a whole, the statements or images of evidence A, Nos. 1 through 19, 21, 22, 23, 28, Eul Nos. 1, 3, and 5, and the purpose of the entire pleadings.
[1] Around January 25, 2011, the Defendant: (a) requested the Korea Foundation for Public Design Area Support (hereinafter “Design Foundation”) to provide services, such as the development of △ulule-type coffee design; (b) development of new capsul-type △△ Party design; and (c) consulting related to the development and production of money using the △△△ Party design.
On June 201, after receiving a request from A of the Design Foundation to proceed with the development of a capsul-type coffee, the Plaintiff started to develop a capsul-type coffee, a design presented by the Public Design Center affiliated with the Design Foundation (hereinafter referred to as “catus”).
[2] On September 5, 201, the Plaintiff and the Defendant entered into a business partnership agreement (hereinafter “instant business partnership agreement”) and its main contents were as follows.
Article 2 (Roles and Obligations of Parties) (1) In this business partnership, the roles of each Party shall be as follows, and the expenses incurred in performing their respective roles shall be borne by each party concerned:
【Roles of Defendant】
2. The Defendant shall develop the design, prepare the detailed requirements for technical development, and request the Plaintiff to develop the design.
【Roles of Plaintiff】
1. The Plaintiff, upon adopting the design and technology required by the Defendant, shall develop the dys of coffees, shapes, and products and make finished products.
2. The plaintiff shall submit the completed product to the defendant to obtain final approval as to whether the product satisfies the quality standards, and shall prepare and submit all technical data, including the description of technical implementation related to the development of the product, to the defendant.
3. The Parties shall be sufficient.