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(영문) 수원지방법원성남지원 2017.06.16 2015가합3538
약정금
Text

1. The Defendant’s KRW 84,838,725 as well as the annual rate of KRW 5% from May 1, 2015 to June 16, 2017, and the following.

Reasons

1. Basic facts

A. The Plaintiff is a company that engages in the business of developing, manufacturing, and supplying information and communications equipment and peripheral devices, and the Defendant is a company that engages in the business of manufacturing communications equipment, appliances, and plates.

With respect to the development and mass production of the product that the Defendant orders from Samsung Electronic Network Business Department (contributor development products agreed between the Plaintiff and the Defendant), the Plaintiff provides technical power, and the Defendant performs the quantity and shipment, quality control, etc. of the product.

The defendant shall pay 3% of the contract price to the plaintiff with profit preservation.

(Article 4(3). The term of this contract shall continue to be maintained as long as it is jointly carried out by the Department of Samsung Electronic Network Projects, and shall immediately notify the other party of this project, if it is inevitable to jointly carry out the project, and the right shall be returned to

(Article 9). (b)

On August 1, 2011, the Plaintiff and the Defendant entered into a business cooperation contract (hereinafter “instant contract”) which includes the following contents, and subsequently, developed the instant contract for the brin products (MBS; hereinafter “instant products”) and supplied them to Samsung Electronic Co., Ltd. (hereinafter “Tsung”) from around 2012.

C. In around 2013, the Plaintiff demanded that the Defendant pay 3% of the price of the instant product as royalties pursuant to Article 4(3) of the instant contract, and requested the Defendant to provide sales data for the calculation of royalties. The Defendant’s failure to comply with such request, which led to a dispute between the Plaintiff and the Defendant from around 2014.

The Plaintiff and the Defendant agree to pay the following for the preservation of profits of the instant product accrued until May 2014:

(Defendant) implement since 2015 in installments, including KRW 300,000,000,000 for six months in the second half of 2014, to support the selection of items to be manufactured and the supply of quantity to the Plaintiff and to be a mutually-beneficial cooperation between substantial two companies.

D. The Plaintiff and the Defendant are as follows on June 21, 2014.

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