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Reasons
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(영문) 수원지방법원안산지원 2017.12.08 2016가단64015
원상회복청구 등
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 24, 2015, the Defendant concluded a contract with the Plaintiff to develop the secondary model of medical devices (C) parts at the Plaintiff’s request and to produce the mass production type (hereinafter “instant contract”), and agreed to set the production cost as KRW 22,00,000, and set the manufacturing schedule as follows, and the Defendant paid 3% of the amount of penalty as penalty on a daily basis to the Plaintiff when failing to comply with the contract schedule.

On June 28, 2015, examining the Plaintiff’s second model drawings on June 29, 2015, the Plaintiff’s sample production (5EA) on July 29, 2015, the Plaintiff’s sample production (5EA) on July 3, 2015, the Plaintiff’s sample production commencement and confirmation on July 3, 2015, July 23, 2015, the Defendant’s sample production (100EA) on July 24, 2015, upon completing the Defendant’s second model drawings, on July 24, 2015, the Plaintiff’s sample production (100EA) on July 25, 2015, the Plaintiff’s sample production approved on July 25, 2015.

Accordingly, the Defendant completed the development of the parts model and the production of gold model, and the Plaintiff paid the production price to the Defendant from July 10, 2015 to November 30, 2015 as follows:

The amount paid on July 10, 2015, July 5, 2015, 5,500,000 on July 24, 2015, 5,000,000 on August 10, 2015, 5,000,000 on September 21, 2015, 200,000 on September 23, 2015, 200,000,00 on October 1, 200, 200 on November 1, 2015, 30,000 on a total of 23,00,000,000 on November 30, 2015;

C. Around December 2015, the Defendant produced and supplied 12,00 parts of the gold paper manufactured as above to the Plaintiff. On January 5, 2016, the Defendant received KRW 2,178,000 from the Plaintiff.

[Ground of recognition] Unsatisfy, Gap evidence 2 to 4 (including additional numbers), Eul evidence 1, witness D's partial testimony, the purport of the whole pleadings

2. The Plaintiff, according to the instant contract, is obligated to immediately deliver the penalty to the Plaintiff at the Plaintiff’s place of business upon completion of the penalty, and the Defendant did not comply with the instant contract until now.

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