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1. The Defendant (Counterclaim Plaintiff) paid KRW 12,300,075 to the Plaintiff (Counterclaim Defendant) and its amount from September 1, 2016 to November 23, 2016.
Reasons
1. Basic facts
A. The Plaintiff is a company that manufactures and sells musical instruments and parts, such as pianno, etc.
The defendant is a person who engages in other sales business, etc. in the trade name of "C".
B. On May 30, 2007, the Plaintiff and the Defendant concluded a “clateral and other development agreement and mutual cooperation agreement” with the following content:
(hereinafter “instant First Contract”). Accordingly, the Plaintiff and the Defendant traded other goods by February 25, 2009.
Article 1. The purpose of the contract is to agree on the defendant's development, technical assistance, participation in sales assistance, and the plaintiff's obligation to perform the contract on the clean and other products or products manufactured by the plaintiff.
Article 2 Development
1. Under mutual agreement between the Defendant and the Plaintiff, the Defendant and the Plaintiff transfer to the Plaintiff the clean and intangible know-hows developed by the Defendant regarding the manufacture.
Article III Sales and Terms
1. The plaintiff shall take charge of the production and sale of new excellent and other products and goods developed under mutual agreement between the defendant and the plaintiff.
2. The Defendant shall pay royalties to the Defendant for finished products produced and sold by the Plaintiff on the following terms:
Fixed-term A (2008) - Sales in Korea: 3% payment of the Plaintiff’s factory price (including VAT) - Payment in foreign currency: Payment in the following month after the end of each quarter - Payment in the period B (after 2008) - Sale in Korea: 4% payment in the Plaintiff’s factory price (including VAT) - Payment in foreign currency: Payment in the following month after the end of each quarter - Payment in the amount of 4% payment in the Plaintiff’s factory price (including VAT): Payment in the amount of 4% of the Plaintiff’s export price - Payment in the following month: Payment in the amount of monthly royalties after the end of each quarter.
3. The Plaintiff shall supply to the Defendant materials designated by the Defendant and semi-finished or finished products prepared for the production of goods under the following conditions:
Unfinished Product : Quantity of non- sealed painting and other parts, excluding Bagles and Hed Machine (through / KON / HON / HON /pamp / seal, unbuilt parts/ unbuilt).