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(영문) 서울남부지방법원 2015.08.21 2014가합107858
부당이득금등
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Article 3 [Scope and Contents of Technology Development Services, etc.] (1) With respect to products produced by the Plaintiff and the Defendant Company in consultation with each other (sing-type container, purchase-type container, IR heating and cooling control terminal, rupture, heavy meter, strawware, etc.):

1. The plaintiff itself produces plastic pipeline cases of the above products, and the plaintiff's logo, trademark, etc. are identified and affixed to the outer space of the above products.

2. The defendant company produces and supplies all the parts of the above product, other than the case, such as an electronic circuit board, line, etc., to enter the inside of the product as requested by the plaintiff.

3. The Defendant Company does not provide technical assistance necessary for the Plaintiff to operate and sell the above products.

Provided, however, the products supplied by the supplier shall be respective Einvice (sing, stampinging, purchasing type container, IMO heating and cooling control terminal, string meter, stringr, string, etc.) and the supply and supply time shall not exceed July 2014. If the above products supplied by the Defendant Company are in the form of Module, the Defendant Company shall promptly provide them, and if the Plaintiff requests a working document (development document, technical document, technical document, functional content, circuit chart, part list and other necessary materials) necessary for research and development, the Defendant Company shall cooperate to the greatest extent possible.

4. The Plaintiff sells the accessories supplied by the Defendant Company as its own product by manufacturing the office chief, assembly, and production in the case.

4. The Defendant Company shall, upon entering into this Agreement, commence the development of the IR heating and cooling control components and shall require the results to be submitted as soon as possible to the maximum extent possible.

⑤ 원고는 피고 회사에게 원활한 기술개발을 지원하기 위해 회로 설계비용, 아트웍, 메탈마스크, 샘플 100개, 양산 지그 및 켈리브레이션 지그의 실비를 지급하기로 하되, 우선 계약체결 즉시 기술개발비로 50,000,000원을...

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