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(영문) 인천지방법원부천지원 2014.10.02 2013가합5557

지급금반환

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 100,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from August 21, 2013 to October 2, 2014.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company whose business purpose is the manufacture and sales business of intelligent robots, and the Defendant is a company whose business purpose is the development and sales business of telecommunications products.

B. On February 24, 2011, the Plaintiff entered into a contract with the Defendant to develop and supply a mobile Internet device (Moble Intern Deviet, hereinafter “MID”) to be installed in an educational robot developed by the Plaintiff (hereinafter “instant contract”), and the main contents thereof are as follows.

Article 2 (Terms of Contracts)

1. The definition and schedule of products: Reference to development and supply proposals attached thereto;

A. Price of the product: US$220, VAT/ set

(b) Quantity of guarantee purchase: 5,000 set;

c. Product supply contract period: 3 years after conclusion of a contract;

2. Text and supply of products;

A. Initial order quantity: 2K set;

(b) The supply period: Three years and three times after the first order (1 K, 1 K, 1 K); and

3.The payment shall be made by electronic bills (60 days) at the end of the following month after receipt of the tax invoice, 30 per cent cash at the time of the order of the product, and 70 per cent at the time of the supply of the product.

4. Provision of developed intermediate samples and quality inspection;

A. Development sampling shall submit to the Plaintiff the set of five set on June 7, which is the time the assembly of ES1 is completed.

B. Quality inspection samples shall submit to the Plaintiff the set of 10 set on July 4, which is the time the assembly of ES2 is completed.

Accordingly, the plaintiff shall inspect the sample submitted and issue a certificate within 12 days.

C. Development schedule may be somewhat modified and adjusted through mutual consultation according to the progress of development.

7. Contract bond;

A. In order to guarantee the development and supply contract, the Plaintiff paid KRW 300,000 (30,000) to the Defendant as a deposit with the contract, and the Defendant issues to the Plaintiff a valid performance guarantee insurance policy for the contract period (3 years) with respect to the amount equivalent to 100% of the contract deposit (30,000,000). The Plaintiff appears to be a clerical error under Article 1(2)(b) of the contract.

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