손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On February 20, 2014, the Plaintiff concluded a gas appliance development agreement (hereinafter “instant gas appliance development agreement”) with the Defendant on April 10, 2014, which provides that for the production and production of gold-type C (D; hereinafter “the mobile protruding machine”) designed by the Plaintiff between the Defendant and the Plaintiff, the date of completion of the development product shall be KRW 38,50,000 [the date of completion of the development product shall be April 30, 2014] (the additional tax amounting to KRW 3.85,00,000,000 shall be KRW 15,000,000 within three days after the conclusion of the contract, and the intermediate payment shall be KRW 5,00,000 within three days after the implementation of Articles 3 and 4, and KRW 18,50,000,000,000 shall be determined at the time of completion of development (within three days after the applicant’s approval];
B. After entering into the instant gas appliance development agreement, the Plaintiff paid the Defendant a total of KRW 4,2350,000 ( KRW 38,500,000,000,000 on February 21, 2014, KRW 500,000 on March 14, 2014, KRW 10,000 on May 22, 2014, KRW 14,2350,000 on July 14, 2014, KRW 4,2355,00 on the development cost ( KRW 38,50,000,000) under the said agreement to the Defendant.
In addition, on August 20, 2015, the Plaintiff paid KRW 5.610,00 to the Defendant for mobile protruding parts.
C. On March 5, 2015, for the development of E (F and G) designed by the Plaintiff with the Defendant, the Plaintiff entered into a gas price development agreement (hereinafter “instant gas price development agreement”) with the Defendant, which stipulates that the date of completion of the development product will be April 10, 2014; the development cost will be KRW 3.5 million (in addition, KRW 3.5 million, KRW 2 million, within three days after concluding the agreement; the remainder of KRW 1.5 million shall be fixed at the time of completion of development (within three days after the applicant’s approval); and on March 14, 2014, the Plaintiff paid the Defendant the down payment of KRW 2 million to the Defendant.
[Ground of recognition] Facts without dispute, entry of Gap evidence 2 to 4, purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. According to Article 8(2) of the instant gas appliance Development Contract, there is a ground for revocation of the agreement (main cause of claim) (i.e., the main cause of claim).