(영문) 수원지방법원 성남지원 2018.05.29 2017가단225229

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(영문) 수원지방법원 성남지원 2018.05.29 2017가단225229

유체동산인도

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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. The Plaintiff is a juristic person with the purpose of telecommunications sales business, etc., and the Defendant is a juristic person with the purpose of manufacturing beauty appliances and containers.

B. On January 20, 2017, the Plaintiff entered into a contract (hereinafter “instant supply contract”) with the Defendant with regard to the supply of double-frequency beauty art equipment (hereinafter “instant product”). The main contents are as follows.

A product supply contract name: A separate composition of the value-added tax of KRW 100,000 per day (10,000,000): Value-added tax of KRW 1,000 per day: 5 of the main body, 1, chargers, use manuals, 5 of the diesel-type product unit price: 110,000 (VAT level): - 130,000 at the order of 10,000 (VAT level) - 5,000 of the general terms of contract at the order of 10,000

1. “B” (the Defendant; hereinafter the same shall apply) shall carry out production in accordance with the purpose of this Agreement and submit the data already provided in the course of development to “A (the Plaintiff; hereinafter the same shall apply)” if the data has been modified or modified.

Article 10 (Reversion of Ownership)

1. The ownership (such as intellectual property rights) of all results (including accessories) developed under this Agreement shall be at the same time as the conclusion of the contract and at the same time as “A” regardless of the achievement of the objectives of this Agreement.

C. The Defendant supplied 5,00 goods of this case to the Plaintiff by August 2017 according to the Plaintiff’s order and received the payment.

After that, the instant supply contract was terminated on or around August 23, 2017, and as of the date of the closing of argument, the Defendant holds the movables listed in the separate sheet (hereinafter “instant gold model”) in the Chinese factory as of the date of the closing of argument.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 6 and the purport of the whole pleadings

2. Determination

A. According to Article 10 of the General Conditions of Contracts among the supply contracts of this case asserted by the Plaintiff, the gold penalty of this case is owned by the Plaintiff.

In addition, this shall apply.

유사 판례

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