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(영문) 대전지방법원 천안지원 2018.10.17 2016가단114107
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 135,970,000 and the interest rate of KRW 15% per annum from December 13, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On April 15, 2015, the Plaintiff entered into a memorandum of Understanding with the Defendant, up to June 30, 2015, the Plaintiff’s design and cost reduction activities that apply to the Defendant’s “Cice removal machine” (hereinafter the instant ice removal machine). The Defendant permitted the exclusive supply of the launch design products offered by the Plaintiff for one year from the date of production commencement. For this purpose, the Plaintiff provided the Defendant with a detailed drawing for the instant ice removal machine, and the Defendant concluded a memorandum of understanding with the view to designing the launch products based on the instant drawing.

B. (i) The Plaintiff and the Defendant concluded a design service contract with the following content on May 6, 2015 in accordance with the MOU, pursuant to the said MOU.

(hereinafter hereinafter referred to as the “Design Contract”). Design items include 1 type 6,00,00 won for ice 1 design, 3D design expenses for 3D design parts, 1 type 12,000,000,000 for 3D design expenses for ice 1 type 12,000,000 for 2D design expenses for ice 2D design parts, total value of 36,00,000 won for value (Article 1 and Article 2(1) of the Value-Added Tax Act) (Article 1 and Article 2(1) for all the expenses required for the approved design, the design of parts, the preparation of a manual for handling,

(Article 2(2). 10,80,000 won of down payment (excluding value-added tax) shall be May 7, 2015; the remainder 25,200,000 won (excluding value-added tax) shall be the payment date on May 25, 2015 (Article 5), and the payment period shall be May 25, 2015; however, the payment period shall be the time when the conditions for passing an examination after the submission of the approval and passing an examination of the parts after the completion of the work and entering into the processing and production are the time when the parts may be inspected after the completion of the work.

The plaintiff shall design and supply the facilities, specifications, etc. attached to the contract in accordance with all the matters stated therein, and shall make a maximum design to comply with the schedule requested by the defendant.

Provided, That the payment period shall be postponed by mutual agreement between the plaintiff and the defendant, such as where the provision (such as part sampling, drawing, etc.) of the defendant's preparatory matters necessary for the design of the plaintiff

(Article 3) The Plaintiff shall submit the approved drawings in accordance with the design specifications after the conclusion of the instant design contract.

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