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(영문) 서울중앙지방법원 2014.08.21 2013가합35684
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The status of the parties is that the Plaintiff is a corporation that runs the manufacturing of computers and peripheral devices, software development, etc., and the Defendant (former trade name: Company B) was engaged in the development, sale, etc. of computers, etc.

B. On May 23, 2008, the Plaintiff entered into a development and supply contract of this case with the Defendant, under which the Plaintiff would develop, manufacture, and supply MID (Mobio Internet Device; hereinafter “instant MID”) to the Defendant (hereinafter “instant development and supply contract”).

C. On February 17, 2009, the Plaintiff entered into the instant agreement with the Defendant’s employees C, providing the CD in sealed bags, which stored all the data on development, including circuit drawings, design drawings, etc. of the instant MID (hereinafter “instant data”). A draft agreement with the following content was presented, and accordingly, entered into an agreement with C (hereinafter “instant agreement”).

The Defendant part indication of the instant agreement is printed as “Business Name: Defendant, Address: 13rd floor of the D building in Yongsan-gu Seoul, and Executive Director: C, and the above C’s signature is written next to the letter “C.”

The Plaintiff and the Defendant shall enter into the instant agreement as follows:

The plaintiff shall provide and keep development data related to MID development conducted under the contract between the two companies at present, along with the main document.

This data shall be made available to the defendant by mutual agreement between the two companies when it is deemed impossible to develop and promote production due to the plaintiff's financial aggravation, and when there is a defendant's additional data, the plaintiff shall provide the additional data in cooperation to the maximum extent possible.

The defendant shall not arbitrarily open and use this material without agreement corresponding to the above contents, and the use of this material shall be limited to under the conditions set forth above.

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