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(영문) 서울서부지방법원 2014.08.13 2013가합7417

손해배상(기) 등

Text

1. The Plaintiff (Counterclaim Defendant)’s principal claim and the Defendant (Counterclaim Plaintiff)’s counterclaim claim are dismissed, respectively.

2. Of the costs of lawsuit.

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. The status of the parties is that the Plaintiff is engaged in the manufacturing and selling business of medical appliances and daily necessities, and the Defendant A is an individual entrepreneur of “C”, and the Defendant B is an individual entrepreneur of “D”.

B. (i) On January 31, 2013, the Plaintiff and the Defendant A made the instant product at KRW 130 million, but the instant product should be paid at the same time as the remainder of the production and development agreement between the Defendant and the remainder of the production and development agreement (hereinafter referred to as “product 2”) at the time of issuing the order, the intermediate payment of KRW 52 million, and the intermediate payment of KRW 52 million, and the intermediate payment of KRW 50,000,00,000,000,000,000.

2) Article 2(2)(b)(3)(3)(2)(3)(2)(2)(2)(2)(2)(2

1. “A” (the plaintiff, hereinafter the same shall apply) shall request “B” (the defendant A; hereinafter the same shall apply) to work related to any production from circuit/equipment design for the manufacture of the product of this case to gold production and mass production.

On January 30, 2013, the schedule of total completion of development shall be determined by the end of March to the maximum of three months, as determined otherwise by consultation prior to the contract.

2. The problem of mass production shall always be responsible and resolved by “B”.

(A) Article 3 / [Request for Manufacture]

1. “A” shall provide “B” with product design drawings in advance, and “B” shall calculate the production price of gold equivalent thereto and notify “A”.

On January 30, 2013, additional costs, such as circuit/equipment design, wood, gold production, etc., as determined otherwise by the time of consultation.