(영문) 의정부지방법원고양지원 2015.02.11 2014가단5428

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원고양지원 2015.02.11 2014가단5428

물품대금 등

Text

1. The Defendant paid KRW 6,955,00 to the Plaintiff KRW 6% per annum from March 13, 2014 to February 11, 2015.

Reasons

1. On March 28, 2013, the Plaintiff and the Defendant agreed to develop the Hague and pay 35 million won at its development cost to the Plaintiff. The Defendant paid 28 million won to the Plaintiff at its development cost, and the fact that the Plaintiff supplied PCB, etc. to the Defendant is not a dispute between the parties.

2. Claim for the supply price, such as the PCB;

A. The Plaintiff agreed to calculate the Defendant’s assertion, PCB, etc. as KRW 9,681 per opening, and supplied 3,500.

Therefore, the defendant should pay 3,883,500 won to the plaintiff.

B. The Defendant’s assertion PCB, etc. entered into a contract with KRW 9,681 per opening and entered into a contract with KRW 6,000 per opening.

C. It is difficult to view that the evidence submitted by the Plaintiff alone agreed to KRW 9,681 per unit with the Defendant.

Therefore, 6,000 won recognized by the defendant shall be calculated as a unit price.

Thus, the defendant shall pay to the plaintiff 21,000,000 won (3,500 won x 6,000 won) and damages for delay.

3. Claim for remainder of development expenses;

A. Since the Plaintiff’s assertion completed the Hague development as agreed upon by the Plaintiff, the Defendant shall pay the remainder of seven million won.

B. The remainder of the Defendant’s simultaneous performance defense may not be reduced to seven million won unless the Plaintiff transferred the authority to the Defendant regarding the original program that the Plaintiff could revise and the type of gold.

C. According to Article 9(1) of the Product Development Contract (Evidence A), “C Company (Plaintiff)” actively cooperates with D Company (Defendant) in matters relating to accessories, and the Plaintiff transfers circuit-related (PCB Stber file, software, etc.) to the Defendant.

However, the Plaintiff’s assertion that the original program that the Plaintiff himself/herself is able to change is beyond He/shex code, but the program should be possible in that he/she is able to perform the work of improving he/she, while he/she exceeds all the rights related to the Hague Development.

유사 판례

-의정부지방법원 2015.08.28 2015나3199

-창원지방법원 2015.11.05 2015가합30947

-인천지방법원 2016.11.16 2016나479

-수원지방법원 2017.11.14 2016나6610

-서울남부지방법원 2019.11.15 2019가합104243