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(영문) 수원지방법원성남지원 2017.08.29 2015가합2924

물품대금

Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 535,735,310 as well as the full payment from July 24, 2015.

Reasons

1. Basic facts

A. The Plaintiff is a company aimed at the development of programs and related software, and manufacturing and sales business that connects OS and users of mobile communications companies in the U.S. to AP between OS and users. The Defendant is a company that aims at consulting on computer software, development and supply business, software human resources service business, etc.

B. On June 1, 2006, the Plaintiff’s written contract on June 1, 2006, stating that “EBS Co., Ltd., a trade name prior to the Defendant’s amendment,”

Busi business cooperation contract was concluded between them, and the main contents thereof are as follows:

The plaintiff and the defendant enter into a business partnership agreement with the plaintiff and conduct business partnership agreement in accordance with the principle of trust and good faith as follows.

The purpose of this Convention is to establish a cooperative system with business partners, such as development and marketing, and to promote mutual benefits through the strengthening of overall cooperative relations, such as cooperation and development.

Article 2 Sector of Cooperation

1. He/she shall actively discover and support business activities in cooperation with each other in the fields of business and marketing centering on products and technology held by the two doctors, and shall preferentially take into account the interests of the two doctors and their participation in the business;

2. Major areas of cooperation: Cooperation with each other in relation to the following areas focusing on the Department of Telecommunications for Enterprises owned by the Plaintiff:

-The Parties will prepare and enter into a separate contract in accordance with the terms and conditions mutually acceptable, if it is necessary to further provide for matters not specified in this Agreement - Article 8 and other matters not specified in this Agreement, to revise or supplement some of them, or to determine the specific contents and conditions for the selection and performance of the project, or in accordance with the terms and conditions of the project.

C. On October 1, 2008, the Plaintiff’s amendment to the Defendant’s contract.