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(영문) 수원지방법원안양지원 2020.02.06 2018가단5209

위약금

Text

1. The Defendant (Appointed Party) and the appointed parties C, and D shall jointly and severally serve to the Plaintiff KRW 52,00,000,000.

Reasons

1. The facts subsequent to the facts found are either in dispute between the parties or in full view of Gap evidence Nos. 1, 3-6, 8, 16 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and Eul evidence Nos. 1, and the whole purport of the arguments as to the fact-finding with the Minister of SMEs and Startups of this Court.

On August 5, 2013, the Plaintiff prepared a written agreement on voluntary purchase of products manufactured with technology developed by the Plaintiff between E Co., Ltd. (hereinafter “E”) and E Co., Ltd. (hereinafter “E”), and the Plaintiff prepared a written agreement on the voluntary purchase of products manufactured with technology developed by small and medium enterprises with respect to the instant consortiums between G institutions on January 10, 2014 and G institutions on December 19, 2014.

B. On August 18, 2014, the Plaintiff entered into a contract with a selecter C and D (hereinafter referred to as “designatedr”) that operates a mutual business entity called “H”) to request the development of the pumps, which are software to be used in the instant controler (hereinafter referred to as “instant pumps”) (hereinafter referred to as “instant contract period”) with the terms and conditions set forth as KRW 52,00,000 (excluding value-added tax; hereinafter the same shall apply) as follows. Article 3 (Period of Contract) (2) The contract period shall be from August 18, 2014 to January 18, 2015.

Article 4 (Continuation and Completion of Development) (1) Specifics and development specifications shall be in accordance with attached Form 1 (Development Specifications, Development Schedule) attached, and A shall provide separate specifications.

B shall perform the work of designing and realizing pumps corresponding to the specifications.

(3) A shall provide B with product hardware.

(5) In order to review during development progress, Eul shall provide Gap with the pump wale (Stex code and Hex code) of the intermediate transfer, and Gap shall proceed with the test and notify matters to be modified and altered.

(6) Eul shall provide the pumps (spher code, Hex code) of the final burner, and make them available to Gap.