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(영문) 서울중앙지방법원 2017.03.30 2015가단168703
부당이득금반환 등
Text

1. The Defendant: (a) KRW 25,00,000 for the Plaintiff and 6% per annum from October 20, 2015 to March 30, 2017; and (b) the Plaintiff.

Reasons

1. The Plaintiff, B, and the Defendant enter into a joint development agreement for recognized products with respect to the development of “C treatment plant” (hereinafter “instant treatment plant”) upon the Plaintiff’s request for development.

Article 1 (Purpose)

A. B cooperates with the Defendant as well as the permission for the product of the instant treatment apparatus.

(b)be included in the development cost of 500 the first-do volume;

Article 2 (Development Costs)

A. The development cost of the instant treatment apparatus shall be seventy-five thousand won.

B. The Plaintiff shall pay development expenses to B in three installments as follows.

Down payments: 30,000,000 intermediate payments: 25,000,000 won; remaining payments at the time of completion of design and gold-type (in the event of experimental withdrawal) : 20,000,000 won; and 500,000 in the first-do quantity after completion of sampling

A. The Plaintiff’s sales after manufacture and approval are conducted by the Defendant, and the manufacture is conducted by the Defendant.

(b)the development period shall, in principle, be four months, and run by shortening the possible period;

(c) (Omission)

(d) B shall meet all the responsibilities concerning the development of the product;

(Provided, That the part of the electronic circuit during the development of products is the defendant's responsibility). Article 5 (Right to Sales) of the Medical Devices of this case has the plaintiff.

Article 6 (Supply Price) The supply price shall be determined provisionally by 50,000 won, and then by mutual agreement at the time of change.

The Plaintiff entered into a product joint development agreement with the Defendant and B Co., Ltd. (hereinafter referred to as “B”) around July 30, 2012, and the same year.

8.2. Preparation of a written contract, and the main contents of the written contract shall be as follows:

(hereinafter referred to as the “instant development agreement”) B.

The Plaintiff paid KRW 70 million to the Defendant from July 30, 2012 to January 2013 according to the instant development agreement, and the Defendant delivered part of the said amount to B (D) as development cost.

C. The Defendant developed the instant treatment equipment jointly with B pursuant to the instant development agreement, and the competent authority as to the instant treatment equipment.

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