beta
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. In the first instance trial, the Plaintiff sought payment of KRW 10,00,000 for development costs and KRW 10,457,600 for the Defendant. The court of first instance accepted part of the Plaintiff’s claim (development cost of KRW 10,000,000 and its delay damages) and dismissed the remainder of the claim.
Since only the defendant appealed on the part against the defendant, this Court's decision is limited to the above development cost of KRW 10,000,000.
2. Determination on the claim for development expenses
A. On November 3, 201, the Plaintiff entered into a fixed country development agreement with the Defendant for the development cost of KRW 10,000,000,00 for fixed electrical PCB (printed circuit board) and for the development and delivery of the medium meter PCB (hereinafter “instant agreement”). At that time, the fact that the Plaintiff developed and supplied the fixed countryless electric PCB and medium meter PCB at that time does not conflict between the parties, or that the Plaintiff developed and delivered the fixed countryless electric PCB and medium meter PCB at that time, based on the overall arguments and video as a whole, the purport of each statement and video evidence Nos. 1 through 7 (including paper numbers) is acknowledged. According to the above recognition facts, the Defendant is liable to pay the Plaintiff the development cost of the instant agreement and the delay damages therefrom, barring any special circumstances.
B. As to the Defendant’s assertion (1), the Defendant asserted that all of the development costs of KRW 10,00,000 under the instant contract was paid, the Defendant concluded a contract with the Defendant for the development cost of KRW 30,000,00,000 on August 3, 201, according to the respective descriptions of KRW 5,000,000, and KRW 5,000 on December 6, 2011, and KRW 5,00,000 on December 6, 2011, although it is deemed that the Defendant remitted each of the Plaintiff to the Plaintiff. Meanwhile, the Plaintiff concluded a contract with the Defendant for the development cost of KRW 30,00,000,000, around August 20, 2011, under which the Plaintiff had no dispute between the parties or is recognized by the overall purport of the pleading.