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(영문) 서울고등법원 2018.02.06 2017나2062960
하자이행청구의 소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff and the Defendant’s development contract is a company that engages in the manufacture and sale of a mutual aid machine. The Defendant is a person who operates a business entity that operates the program development and installation business. 2) On September 5, 2014, the Plaintiff appears to refer to an industrial computer necessary for the operation of the PECFX-3UC-48MR Plaintiff produced and supplied from the Defendant to Japan.

(hereinafter “PLC”), upon receipt of two sets, the Defendant and the Defendant entered into a development agreement with “the content that the Defendant develops and supplies the PLC’s old program.”

(hereinafter referred to as the “instant development agreement”). The main contents of the instant development agreement are as follows.

A development contract.

1. Name of development: D;

3. Period of development: The payment period on September 5, 2014: the date specified as the date of the contract: 2004. It appears to be a clerical error.

9. 30. (Completion of revision thereof within 30 days after the delivery of goods);

4. Contract amount: 12,00,000 won: Value-added tax of 12,00,000 won: 1,200,000 won.

5. Defect Security Liability Period: The defendant under Article 5 (Delivery of Development Samples, Design Documents, etc.) of the Agreement for the Development of a Joint Helper for one year after the commencement of delivery of the commercial goods shall deliver to the plaintiff the samples and the complete design documents or material corresponding thereto, within 30 days after the expiration date of this Agreement.

Article 15 (Basic Design for Development) The proposal for the development of the control system for the Untainment and Fire Fighting Force shall be referred to in Article 15.

1. He/she shall develop control systems (including Sensor) to which the PLC-Risker applies in order to perform various driving features in the human air conditioning devices produced by the plaintiff in the objective of development;

(hereinafter omitted)

B. On June 4, 2015, the Plaintiff, who filed a related civil suit against the Defendant, was liable to the Defendant under the development agreement of this case by the Defendant as Seoul Southern District Court 2015dan27815.

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