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(영문) 의정부지방법원 2018.08.30 2017나213884

용역비

Text

1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.

2. The costs of appeal and the incidental costs of appeal shall be individually considered.

Reasons

1. Basic facts

A. The Plaintiff is a person who is engaged in the business of developing an automation system with the trade name of “C”, and the Defendant is a corporation engaged in the business of manufacturing machinery and appliances for automatic control.

B. Around December 9, 2014, the Plaintiff developed and supplied the first DPC program with the Defendant; however, the Plaintiff entered into a contract with the Defendant, setting the contract term of two months (60 days) and the price of thirty thousand won (including value-added tax; hereinafter the same shall apply) as KRW 33,110,000 (hereinafter referred to as “instant contract”).

(2) The content of the contract amount of this case is as shown in the attached sheet, and other direct expenses (other than vehicle maintenance expenses, exit equipment, etc.) are 2,100,000 won, and 10% (30%) in the remarks column, and there is no amount as to the development cost at the time of the production of Erabs.

(3) On December 16, 2014, the Plaintiff entered into the following joint development agreement related to D (hereinafter “instant agreement”).

Article 1. The purpose of this Agreement is to conclude a business agreement with the defendant on the development of joint goods and the supply of developed goods in accordance with the provisions of all the matters concerning the business partnership with the plaintiff of the first D Joint Development Cooperation.

Article 3. The defendant shall consent to the form of agreement selected by the plaintiff, and the plaintiff shall actively cooperate in all matters related to development and supply.

Where a request is made for support for technology-related matters and other matters necessary for operation, the plaintiff shall actively cooperate with the defendant to the extent that there is no big problem in the operation of the company.

The same position shall apply under mutual equivalent position.

Article 4 The defendant and the plaintiff develop the first DPC program in accordance with the agreement, and the defendant will complete 60 days after the deposit date of the down payment to the plaintiff.

provided, however, that such extension may be extended upon mutual agreement.

The second Dodrid System Establishment Convention is the Convention.