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(영문) 인천지방법원부천지원 2017.07.20 2016가단110385
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 75,014,500 to the Defendant (Counterclaim Plaintiff) and its related amount from December 27, 2016 to July 20, 2017.

Reasons

1. Facts of recognition;

A. On November 18, 2015, the Plaintiff and the Defendant concluded a contract for the development and supply of the sn beam professional projector with the Defendant paying the Plaintiff the costs necessary for manufacturing the sn beam professional projector and the development cost. The Plaintiff developed the finished products combining the hardware and software on the devices provided to the Plaintiff and supply the developed products to the Defendant.

B. On December 7, 2015, the Defendant ordered 1,000 s. 1,00 s. 1,000 s. 57,50 in advance to the Plaintiff, and the payment period was set on February 29, 2016.

C. On March 17, 2016, the Plaintiff failed to supply 1,00 sn beam projector, and the Defendant notified the termination of the contract on the grounds of the delay in the supply of the sn beam projector and the supply of the sn beam projector as stated in paragraph (a) and notified the Defendant of the return of KRW 103,089,710 in total paid to the Plaintiff. On March 28, 2016, the Plaintiff notified the Defendant of the return of KRW 103,089,710, which was paid by the Defendant.

On April 21, 2016, the Plaintiff and the Defendant are not more than a memorandum of understanding as follows:

was concluded.

Agreed Terms and Conditions

1. The method by which Young-gu Co., Ltd shall return the order price (including the value added tax of KRW 75,014,500) of materials paid in the course of the development entrusted to the Dispute Resolution Co., Ltd. by no later than 16/5/20 shall be presented in the Dispute Resolution Co., Ltd. to the Young-gu Co., Ltd.

2. The Co., Ltd. shall pay a gold-type production contract and product transaction contract form in the form of luminous (75,014,500 won) discussed in paragraph 1. At the same time, the Co., Ltd. shall draw up a gold-type production contract and product transaction contract form; 3. When a product transaction contract is drawn up, all the property rights of the skn beam project implementer (such as intellectual development data, design data, gold data, etc.) shall have a global operating right as owned by the Co., Ltd., and the sales of the skn beam project implementer shall be led by promoting its business activities.

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