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(영문) 인천지방법원부천지원 2017.12.15 2015가합2507

손해배상(기)

Text

1. The plaintiff's respective claims against the defendants are dismissed.

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

Reasons

1. Review of the scheduled completion date of basic fact-finding activities (from November 2014 to March 2015), and patent search search 1.3. PCB, Soft e, Jeonk K-UP production on December 12, 11.12. W-MOC-UP production on December 19, 12.15. (W-Mock Group omitted production) and production on December 20 to 1.30. (40 days of gold production) from December 20 to 1.30. (40 days of gold production) 2.1. 2.25. LP production and TRT 2.1. 25. 3.1. 2.36-15.36-15. 15.5.)

A. On October 2, 2014, the Plaintiff and Defendant C entered into a design development agreement with the Plaintiff on (i) entrusting the design development of the damp-si demonstration; (ii) the contract amount of KRW 40 million with the content that Defendant C developed and supplies design drawings; and (iii) on November 29, 2014, the Plaintiff entrusted the design development of the cold and hot water purifier; and (iv) the contract amount of KRW 45 million with the content that Defendant C developed and supplies design drawings (excluding value-added tax).

(hereinafter “each of the contracts of this case”) The parties to the contract are “D (Representative Director C)” but D is not a stock company, but a private company operated by Defendant C.

The development schedule stipulated in each of the contracts of this case shall be as follows:

B. On October 9, 2014 through February 3, 2015, the Plaintiff paid KRW 39,600,000 in total [36,00,000 ( KRW 17,500,000 in the intermediate payment of water purifiers and damp Product Products of KRW 14,50,000 in the water purifier and KRW 17,500 in the fixed number] under each of the instant contracts, the Plaintiff paid KRW 3,60,000 ( KRW 36,00,000 in the fixed number of KRW 14,50,00 in the fixed number of KRW 17,50 in the fixed number of KRW 17,50 in the fixed number of KRW 14,00 in the fixed number of KRW

C. On June 4, 2015, the Plaintiff paid the development cost to Defendant C (the Company has faithfully paid the development cost in accordance with the terms and conditions of the contract, but suffered enormous damages due to the delay of development, frequent changes in the content of development, development errors, etc. by the Plaintiff. By June 30, 2015, the Plaintiff completed the external improvement, the final test of performance, etc., and the accurate data and design drawings without any errors and errors were the date of the high seas.