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(영문) 창원지방법원 2016.11.24 2016가합233
지체상금반환 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company whose purpose is to develop and manufacture a unit (wter-jet; hereinafter referred to as a type of machinery obtained by cutting off the water inside the hulls as soon as possible) and is the Defendant’s research and development of a unit-related technology.

B. At around June 2005, the original and the Defendant drafted a memorandum of understanding to the effect that they share duties, such as the development, manufacture, etc. of high speed 9,000Wers (hereinafter “instant propellers”) for the purpose of determining the suitability of military use by the Ministry of National Defense.

1. 이 사건 추진기 사업에 있어서 원고 수행 scope는 stator assembly 및 impeller housing의 소재 및 가공, 조향장치의 가공 및 조립, remote control system 제작으로 한다.

2. The plaintiff and the defendant agree to carry out the implementation project of this case as follows:

The plaintiff shall install processing equipment until March 25, 2008 and meet the specifications as a result of Mock-up test.

The specifications shall be determined by mutual agreement between the plaintiff and the defendant at the time of ordering the purchase of the second step (Batch 2) high speed combat box.

However, when the plaintiff fails to complete the installation of processing equipment by March 25, 2008, the plaintiff agrees to receive direct materials from the pension company, which is the production company located in the two industries, in consideration of the production process and process them in the other processing company.

B. An order for remomote calculation shall be given to the Plaintiff, and the Plaintiff shall secure two UN human resources with the performance experience and submit relevant evidential documents to the Defendant by January 31, 2008, and the Plaintiff shall attend a meeting of linkage for production design from January 25, 2008.

C. By March 25, 2008, the Plaintiff was above-mentioned.

paragraphs 1 and 2.

If the plaintiff did not comply with the paragraph, the contract is terminated by the defendant's written notice, and the plaintiff gives up the defendant's participation in the project of this case.

3. 원고는 자체 수행 scope에 대해서 품질과 납기를 준수하여야 하며, 원고의 품질 결함 및 납기 지연으로 인해 피고가 수행하는 전체...

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