logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2014.05.14 2012가단12897
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 27, 2010, the Plaintiff, a representative operating the company “B”, entered into a development service agreement with the Defendant for the development and supply of one model product of industrial UHF (hereinafter “instant contract product”) at the Defendant’s request.

(hereinafter “instant contract”). (b)

According to the statement in the contract of this case, the plaintiff guaranteed that the contract of this case was developed normally and fully in accordance with the development and use report of the attached list (hereinafter "the development specifications of this case"). The plaintiff's development services are completed after the defendant confirmed in writing that the contract products correspond to the details of the development specifications of this case and develop normal and complete functions according to the purpose of the request (Article 4 (2) of the contract). The plaintiff completes the development services within 180 days from the contract date (Article 5 (1) of the contract), and the defendant pays 240 million won (excluding additional taxes) as the price for the development services in installments under the following (1) to (4).

(Article 7). (1) Within 10 days after the conclusion of a contract and the submission of the Plaintiff’s performance guarantee insurance policy, 70 million won shall be paid as down payment.

② Within 10 days after the completion of the examination by the Defendant, the amount of KRW 40 million shall be paid twice as stipulated in Article 4 of the instant contract.

③ Within 10 days after the completion of FTms Samp and the Defendant’s inspection as stipulated in Article 4 of the instant contract, the sum of KRW 40 million and the cost of certifying domestic products and the cost of certifying foreign products shall be KRW 62 million.

④ The remainder of development costs shall be paid KRW 70,000,000 within 10 days after the completion of the contract of this case and the Defendant’s examination as prescribed in Article 4.

C. In addition, according to the above contract, a party is required to correct the other party’s breach or non-performance of contractual obligations within 10 days after the other party demands correction.

arrow