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(영문) 수원지방법원 평택지원 2021.01.08 2020가단61599

개발기술료청구

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The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On June 3, 2013, the Plaintiff entered into a contract on development services and manufacture of prototypes with the Defendant Company engaging in design, manufacture, and sale of industrial machinery and construction machinery (hereinafter “instant development contract”) on mobile cherherherherhere control system (hereinafter “the instant development contract”).

The details of the instant development agreement are as follows.

Article 1 [Purpose of Contract and Contents of Development] 1) The instant development agreement aims to develop the development product demanded by the Defendant (hereinafter referred to as “A”, and “B”)’s specifications in relation to the development of the mobile crhers control system (hereinafter referred to as “product subject to development”), by inserting and developing the resources of the Plaintiff (hereinafter referred to as “A”) and providing for all matters necessary for supplying the development product, such as the list of supply, to “A”.

Article 2 [Implementation and Completion of Contracts] Article 2 (Implementation and Completion of Contracts) B shall perform all technical data related to the products subject to development attached to the instant development agreement, such as specifications, design drawings, circuit drawings, S/W(CC), and the former Chapter Manual, as agreed upon with A, and both A and B shall perform the terms and conditions of the agreement in good faith.

2) B carries out the development of a product to be developed under the instant development agreement, as a result, shall submit the technical data set forth in sub-paragraph 1 above to A at the same time as the delivery of a test product to be developed, and shall be deemed to have completed the development, only if the test at the site (the lower test) of the product is completed.

Article 3 [Contract Amount] The total amount to be developed shall be paid in cash in 48 million won (a separate value-added tax; hereinafter the same shall apply), and the payment method and payment date shall be as follows:

1) Contract deposit (30%) 14 million won: 2) The first intermediate payment of 12 million won after entering into a contract: Within 10 days after entering into the contract: Within 3) the second intermediate payment of 12 million won after entering into the order and completion of the development part of the Party A: The remainder of 9.6 million won after entering the designated place and the completion of the manufacture of prototypes: the final test of prototypes (the supplementary test).