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(영문) 수원지방법원성남지원 2016.12.01 2016가단205563
개발비반환금
Text

1. The Defendant’s KRW 178,460,290 for the Plaintiff and the following: 5% per annum from December 24, 2015 to March 24, 2016, respectively.

Reasons

1. Facts of recognition;

A. A. Around March 27, 2014, the Plaintiff agreed with the Defendant to develop food treatment equipment for household use (a total type of pulverization and drying machine) and supply it to the Plaintiff, and to pay the development cost to the Defendant.

Article 1(Purpose of the Contract) The purpose of this Agreement is to provide for all the matters necessary for the Defendant’s production and supply of household food treatment equipment (i.e., ververr - integrated (dr) type) to be developed by the Plaintiff after paying development costs, and selling them as the Plaintiff’s products.

Article 4 (Scope of Rights) (2) The defendant shall supply the plaintiff with the product before March 30, 2015.

(3) The defendant shall supply his/her products fully completed, taking into account the fact that sales are difficult if the products fall short of reliability and quality due to the characteristics of his/her products.

④ The Plaintiff shall pay in cash to the Defendant an amount equivalent to 60% of the total development cost (including gold-type cost) as down payment necessary for the production of products after the Defendant passes through the completion of development (certification).

The balance of the gold-type expenses shall be paid in cash after checking whether there is any defect after the pilot production of the product on the market, and the supply goods price shall be paid in cash as of the end of the month.

B. On October 30, 2014, the Plaintiff and the Defendant concluded a product development and supply contract with the following terms and conditions (hereinafter “first agreement”).

Article 1 (Purpose of Contract) of Contract 2 (Purpose of Contract) The purpose of this contract is to provide for all matters necessary for the plaintiff's products of food treatment (construction method) required by the plaintiff, jointly investing and supplying them to the plaintiff and the defendant, and selling them as the plaintiff's products.

Article 4 (Scope of Rights) (1) The defendant agrees to supply the subject products in accordance with the requirements of the plaintiff by producing the manufacturing and processing certification (factory examination, product certification, type approval) of the subject products.

7. The defendant

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