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(영문) 인천지방법원부천지원 2020.09.16 2019가합101938

손해배상(기)

Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff related to the parties is a company established on March 15, 2006 for the purpose of manufacturing oil, radio communication equipment, etc., and the name was changed from Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) to December 2, 2019. The company established on February 23, 2017 for the purpose of developing telecommunications and broadcasting equipment, manufacturing, supply, etc., and Defendant D is the representative of the Defendant Co., Ltd.

B. Co., Ltd. E (hereinafter “E”) around 2017, the Plaintiff entered into a business cooperation agreement.

(2) On April 3, 2018, the Plaintiff entered into a business cooperation agreement with the Defendant Company (hereinafter “instant cooperation agreement”) including the following contents, and entered into a document stating the terms and conditions of the agreement (hereinafter “instant cooperation agreement”) with the Defendant Company upon being requested to manufacture and supply the equipment of PSS (Pubic Safet Red) and DAS (DAS), which is a radio communication infrastructure building system for the construction of the North America-oriented disaster safety network.

Article 2 [Contract Goods] The goods developed by both the Plaintiff and the Defendant Company and sold in Korea or abroad shall be goods subject to this Agreement.

(hereinafter referred to as “goods”). Specific goods are as follows:

1) The actual contents of the article 1) 1: 2) SBM-ICS 30W (hereinafter “Second Products”) (hereinafter “Second Products”) are newly developed, 1) DAS 2) PSS (Interim omitted), the Defendant Company shall design the system and RF for the development of the goods, and shall develop and manage cooperation companies and SI (SI).

Article 5 [Period of Contract] The contract period shall, in principle, continue to be maintained, and both parties may terminate the contract by written agreement.

3. When the Plaintiff receives from the Defendant Company the portion of the PSS-out main body and the RF package pursuant to the instant cooperation agreement, the Plaintiff is a glicker of the PSS-out meter produced by the Plaintiff.