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(영문) 수원지방법원평택지원 2016.04.08 2014가단17430
개발착수금
Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 16,500,000, and shall pay the full payment from July 13, 2013.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is a corporation established for the purpose of Internet supplementary service business, mobile operation development business, etc., and the Defendant is a corporation established for the purpose of manufacturing and selling black boxes.

B. On July 3, 2013, the Plaintiff entered into a contract with the Defendant with the term “90 days for the contract period: 30,000,000 won for the development advance payment (Additional tax separate); 30,000,000 won for each product item (Additional tax separate); 15,000,000 won for the first development advance payment (hereinafter “Additional tax separate; hereinafter “the first development advance payment”), within 90 days after the contract, and 15,00,000 won for the first development advance payment (hereinafter “the second development advance payment”) for the automobile type 1 (hereinafter “the instant second development advance payment”).

(hereinafter referred to as the "Entrustment Development Contract of this case"). The terms and conditions of the entrusted development of the B Blus and the details of the entrusted development are as shown in the attached Form.

C. According to the instant consignment development agreement, on July 13, 2013, the Defendant paid KRW 16,500,000 to the Plaintiff as the first development advance payment. On November 29, 2013, the Plaintiff supplied the Defendant with five sets of goods for the instant black boxes (hereinafter “instant black boxes”).

On the other hand, around December 2, 2013, the Defendant sent to the Plaintiff a reply that the test cannot be properly conducted due to the problems such as regular afforestation and parking mound afforestation, shocking function, scambling function, microphones, etc. on the instant black boxes, and the Defendant refused to pay the second development commencement fee on the ground that the above defects have not been corrected.

E. Accordingly, on January 21, 2014, the Plaintiff submitted to the Defendant a test document to the effect that there is no problem with the instant black goods, and re-written the test report on February 10, 2014 based on the self-testing.

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