개발비반환금
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
1. Facts of recognition;
A. On October 2014, the Plaintiff and the Defendant agreed to develop and supply food treatment equipment for home use (a total type of mination and drying machine) to the Plaintiff, and the Plaintiff shall pay the development cost to the Defendant.
B. Based on the above agreement on October 30, 2014, the Plaintiff and the Defendant, based on Article 1 (Purpose of Contract) of the First Contract for the following contents, the purpose of this agreement is to provide for all the matters necessary for the Defendant’s production and supply of food treatment equipment for home use (in whole - mination equipment) to be developed by the Plaintiff after payment of development costs, after completion of its development, and selling it as the Plaintiff’s products:
Article 4 (Scope of Rights) (2) The defendant shall supply the plaintiff with the product before March 30, 2015.
(3) The defendant shall supply his/her products fully completed, taking into account the fact that sales are difficult if the products fall short of reliability and quality due to the characteristics of his/her products.
④ The Plaintiff shall pay in cash to the Defendant an amount equivalent to 60% of the total development cost (including gold-type cost) as down payment necessary for the production of products after the Defendant passes through the completion of development (certification).
The balance of gold-type expenses shall be paid in cash after confirmation of defects after the production of the experiment at the time of approval for the product, and the supply commodities shall be paid in cash as of the end of the month
Development and supply contract (hereinafter referred to as "first contract") was concluded.
C. Since then, on March 2015, the Defendant notified that the development of a product was completed for a patrolman’s first time, the Plaintiff and the Defendant entered into a product production and supply contract (hereinafter “second contract”) with the following content on March 27, 2015.
Article 1 (Purpose of Contract) of the 2nd Contract is to provide for all matters necessary for the plaintiff's products of food treatment (construction method) which the plaintiff needs to make joint investments in the plaintiff and the defendant to produce and supply them, and selling them as the plaintiff's products.