(영문) 청주지방법원 2014.12.11 2014가단5050

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(영문) 청주지방법원 2014.12.11 2014가단5050

손해배상(금형제작비용)

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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 10, 2008, the Plaintiff and the Defendant entered into a goods supply contract with the Defendant to manufacture and supply the automatic gas sprayers B (hereinafter “instant automatic gas sprayers”) to the Plaintiff (hereinafter “instant goods supply contract”). The main contents are as follows.

Article 1 (Scope of Goods Subject to Contract) The scope of goods supplied by the Defendant to the Plaintiff shall be based on the goods produced and manufactured by the Defendant in accordance with the product specifications that the Plaintiff and the Defendant agreed and developed, and all patent rights, inventions, and applications related to contract goods shall be jointly owned by the Defendant and jointly owned by the Plaintiff.

Section 2 (Contract Term) This Agreement shall be two years from June 10, 2008 to June 9, 2010.

Article 3 (Price of Goods) The supply price of the defendant's goods purchased by the plaintiff shall be KRW 180,000 per sheet based on the automatic gas sprayers system (a separate size by sampling).

Article 4 (Payment, etc. of Contract Price) The Plaintiff shall pay 20% of the ordered amount in advance only for the first place order quantity as down payment, and the first place order quantity shall be based on the finished product 1,000, and mutual consultation may be adjusted for the smooth supply of the subject matter of contract ordered to the Defendant.

Article 6 (Demand and Supply of Materials)

1. The gold-making type used in the assembly and manufacture of goods shall be manufactured at the expense of the plaintiff, and the defendant shall complete gold-type under the supervision of the defendant, conduct incidental business to the production of contract products, such as inspection of prototypes, inspection of main products, etc.

2. On the assembly or manufacture of the goods, the goods must be supplied and supplied under the supervision of the defendant, and on all matters including the selection, management, and gold administration, the goods must be under the responsibility of the defendant.

B. Meanwhile, on June 2, 2008, before entering into the instant goods supply contract with the Defendant, the Plaintiff manufactures automatic gas sprayers between C’s representative D and C.

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