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(영문) 서울고등법원 2015.04.30 2014나2018405 (1)
매매대금
Text

1.The following amounts, among the parts against the principal suit of the judgment of the court of first instance, shall be payable:

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a stock company that engages in the development, manufacturing, etc. of wire communications equipment.

B. On June 13, 2012, the Plaintiff entered into a development consignment agreement (hereinafter “instant first agreement”) with the non-party company Taechididi (hereinafter “the non-party company”) on a optical distribution cap (a device distributed to each prisoner’s household with multiple UT lines with an ONT, Omtic Network Terminal, or optical fiber lines and distributed to each prisoner’s household with multiple UTP lines). The main contents of the agreement are as follows.

1) The development period shall be from June 13, 2012 to August 26, 2012; the period may be modified by agreement between the parties; and the inspection shall proceed after completion of development. The development costs of the developed product shall be determined as appropriate in the evaluation of technology and equipment managed by the Kti (Article 5(1) and (2). (2) Development costs shall be determined as completed when the non-party company is determined as appropriate in the evaluation of technology and equipment managed by the Kti for the developed product (Article 5(1) and (2) shall bear personnel expenses incurred in the development of hardware; other expenses, including the cost of developing hardware, software development, and prototypes

(Paragraphs 3 through 6). (c)

On June 18, 2012, immediately after the conclusion of the instant contract, Nonparty Company entered into a development agreement with the Defendant by optical distribution mother method (hereinafter “instant contract”) with the following content.

1) The Defendant shall develop two samples (i.e., test products) that can pass through the appraisal of the purchase equipment (Benchmarest’s own examination procedure conducted by K for supply equipment) with respect to 3 optical distribution multiple models (4:4 PNT, 1:1 PNT, and 1:4 PNT) (Article 3) (Article 3. 2) with respect to the development cost, the development cost shall be KRW 60,000,000 at the time of commencement of development, and the intermediate payment shall be paid KRW 15 million at the time of completion of the production of the first sample, and the remainder shall be paid at the time of completion of the production of the first sample, and the remainder shall be completed after completion of the development of the Drging and error.

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