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1. The Plaintiff (Counterclaim Defendant) paid KRW 145,200,000 to the Defendant (Counterclaim Plaintiff) and its related amount from June 6, 2014 to November 28, 2014.
Reasons
1. Basic facts
A. (i) The Defendant is a personal business entity engaged in the manufacture, development, and sale of the hostile fever with the trade name of the instant development consignment agreement, etc., and the Plaintiff is a business entity engaged in the manufacture, development, and sale of luminous-related fields.
B. On February 17, 2012, the Plaintiff entered into the instant development consignment agreement with the Defendant with the content that the Plaintiff would entrust the Defendant with the development of the compact fastens to be used in the Plaintiff’s product production.
The above compact camera is the U.S. DDR DNA, i.e., the compact camera linked to the red line receiver.
The main contents of the instant development consignment agreement are as follows.
“The Defendant shall, by January 31, 2013, deliver to the Plaintiff the developed goods and materials related thereto (Article 3 of the Contract) at the delivery place designated by the Plaintiff after completing the development and manufacture of the compact rafts by January 31, 2013 (Article 3 of the Contract). The Plaintiff shall pay the Defendant the down payment of KRW 30,00,000 (Additional Tax separate), but the down payment of KRW 99,00,000 (Additional Tax Separate Tax) shall be paid after six months after the conclusion of the contract, and the remainder of KRW 132,00,000 (Additional Tax Separate Tax) shall be paid after the completion of delivery (Article 5 of the Contract). The ownership and patent rights, copyrights, intellectual property rights, including trade secrets, are jointly reverted to the Plaintiff and the Defendant. At the time of the registration of the instant developed goods, the Plaintiff jointly applied for the payment of the down payment of KRW 99,000,000,000,00 to the Defendant.
B. The Plaintiff’s refusal to receive the products (i.e., the Defendant completed the development of the products around March 2013, and requested the Plaintiff to examine the products, and the Plaintiff did not request the Plaintiff to examine the products and receive the products on April 19, 2013.