(영문) 수원지방법원안양지원 2014.04.30 2013가단12332

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(영문) 수원지방법원안양지원 2014.04.30 2013가단12332

원상회복청구

Text

1. The defendant shall pay 96,50,000 won to the plaintiff and 20% per annum from July 1, 2013 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On August 29, 2012, the Plaintiff and the Defendant entered into a contract with the Plaintiff for the supply of fuel residuess to the Plaintiff (hereinafter “the first contract”) to develop fuel residuess by which the Defendant measured the fuel remaining quantity, main flow, etc. of automobiles (hereinafter “fuel residuess”) and to supply products produced therefrom to the Plaintiff. The provisions pertaining to the Plaintiff and the Defendant’s major performance obligations are as follows.

The purpose of this Agreement is to set forth the rights and obligations of mutual cooperation with respect to the development, manufacture, supply, and sale of products as mutual faith and good faith, when the plaintiff and the defendant develop a motor vehicle fuel chain (the model name R1000, hereinafter referred to as "products") by which the defendant measure the fuel residues of the motor vehicle and supplying the products to the plaintiff so that the plaintiff can sell the products.

Article 4 Guarantee and Consideration of Exclusive Sales Rights

1. The Plaintiff has the exclusive right to sell products, and at the same time, may not sell other products with similar functions as developed by the Defendant.

2. Upon the conclusion of a contract, the Plaintiff shall pay the Defendant a down payment of KRW 15,00,000 (VAT exclusion) in cash within a week.

After the completion of the development by the Defendant, the Plaintiff approves it and additionally pays 15,000,000 won (VAT exclusion) as the remainder of the down payment within one week after the approval.

Article 5 Development and Mutual Cooperation

1. The period of development shall be two months after a contract is concluded and shall be promoted separately if necessary for the sale of products;

2. After completing development, the Defendant shall submit the following results to the Plaintiff and obtain approval:

1) Three sampling 2) Product specifications 3 test reports

3. The plaintiff should complete the approval within 10 days after the defendant submitted the result under paragraph (2) to the plaintiff, and if defects are discovered, such as failure to satisfy the specifications prescribed in the contract, the plaintiff shall take necessary measures against the defendant.

유사 판례

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