개발비반환 등 청구의 소
1. The Defendant (Counterclaim Plaintiff) paid KRW 50,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from February 10, 2017 to November 15, 2018.
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
Facts of recognition
On February 22, 2016, the Plaintiff and the Defendant concluded the following contracts (hereinafter “instant supply contract”).
Article II.(1) The development services under this Agreement shall be the services that develop and supply the “contract products” and the Defendant shall faithfully perform and complete the development services in accordance with this Agreement and all relevant laws and regulations.
Article 3. Product Name (A) Contract Amount: 70 million won (VAT separate development period): Contract amount within 50 days after the contract is made, the said down payment is gold-up cost and mass-up cost, and the cost of manufacturing the product is separately processed at cost.
B. Under the instant supply contract, the Plaintiff paid KRW 26,00,000 to the Defendant on February 29, 2016, and KRW 24,000,000 on May 3, 2016, respectively.
The defendant, through the gold-type design and the production of gold-type, has produced a certain revision work from March 2016 to September 201, and has made several implications, but has continuously put in bad straws.
On October 5, 2016, the Plaintiff requested the Defendant to deliver a gold-type gift to the business entity recommended by the Plaintiff. However, the Defendant rejected the payment of the remainder in full.
As a result of the appraiser A's appraisal, there was a problem that the main body part part, the main body part part, the upper body part, the gold-type fin and the upper body part are too small compared to the size of the gold, so that the gold-type can be pushed down in the aspect of the gold-type, which is produced by the defendant, and the product is produced by the gold-type produced by the defendant.
On February 9, 2017, a duplicate of the main complaint of this case containing the Plaintiff’s expression of intent to cancel the supply contract of this case was delivered to the Defendant.
[Ground of recognition] Each entry of Gap evidence Nos. 1, 2, 5, and 6 (including serial number), witness B's testimony, appraiser A's appraisal result, as a whole.