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(영문) 수원지방법원 2020.05.07 2019가단5112

손해배상

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. From September 2009 to September 23, 2012, C, the representative director of the Plaintiff, worked as the head of the business team exercising overall control over domestic and overseas business from D companies established for the purpose of manufacturing, selling, etc. of skin containers, medical appliances, etc. (hereinafter “D”). On October 21, 2012, C established the Plaintiff Company for the purpose of manufacturing and wholesale and retail business of beauty art equipment, and the development and supply business of system salt.

The Plaintiff (hereinafter referred to as “A”) and the Defendant (hereinafter referred to as “B”) shall, at the request of Party A, request Party B to develop the hardware and capts (hereinafter referred to as “ CDS”) of the mobile-in diagnosis device (hereinafter referred to as “products”) and agree to enter into a contract on matters necessary for the implementation thereof as follows and to implement this contract with mutual trust and cooperation:

Article 2 (Details of Products) The product details of this Agreement are as follows: Appendix 1. The same shall apply to the CDAPEC of the CDA hardware.

Article 3. The delivery deadline B shall be developed and supplied to A according to the schedule to which the goods are promised as follows:

(1) Primary Product ( April 30, 2013): Primary Test (5) (2) Primary Test Products (1: 10 Primary Test Products (14 June 2013): Final Approval Samples (10 Test Products): < Amended by Presidential Decree No. 23888, Jul. 26, 2013); Presidential Decree No. 24483, Jul. 26, 2013; Presidential Decree No. 24483, Apr. 30, 2013; Presidential Decree No. 24483, Apr. 30, 2013; Presidential Decree No. 24483, Feb. 26, 2013).

B. On February 25, 2013, the Plaintiff entered into a contract with the Defendant to develop and supply the hardware and cap of the mobile-in diagnosis device at the Plaintiff’s request (hereinafter “instant contract”).