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(영문) 대전지방법원 천안지원 2018.12.21 2017가합102849
손해배상(기) 등
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. 8,635,00 won and its related thereto from October 24, 2017 to December 2018

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The relationship between the parties 1) The Plaintiff is a person running the business of manufacturing the electric panel manufacturing body in the Asan City in the name of the Plaintiff. 2) The Defendant is a company with the purpose of manufacturing the electronic parts of robots and the ruptures.

B. 1) The Plaintiff entered into the instant outsourcing service contract (hereinafter “E”).

() On March 28, 2017, an order was issued in total of KRW 15,510,000 for the contact monitoring system (F and G) and on April 26, 2017 for the total of KRW 22,000,000 for the contact monitoring system (H) and the installation and trial operation services (hereinafter collectively referred to as “the first order”).

(2) Article 3 (Payment of Development Costs) (2) Where the contract is terminated due to a cause attributable to the Defendant, the costs of all development shall be borne by the Plaintiff.

1. When the defendant violated the contract provisions;

2. When it is deemed that the defendant's neglect has no possibility to complete services within the prescribed period.

1. Where the plaintiff does not provide data and technology for development;

2. On April 26, 2017, the Plaintiff entered into an outsourcing service contract with the Defendant on April 26, 2017, with respect to the development of the PC program for management adjacent to SPOT/ARC at KRW 20,000 (value added tax separate), and the main contents are as follows. 3) At that time, the Plaintiff entered into an outsourcing service contract with the Defendant on the basis of the standard contract for measurement of the contact measuring device (hereinafter the above standard contract and the pertinent contract collectively).

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