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1. The Defendant’s KRW 9,750,000 with respect to the Plaintiff and KRW 6% per annum from January 19, 2017 to August 23, 2017.
Reasons
1. Basic facts
A. On May 8, 2014, the Plaintiff entered into a contract with the Defendant for the development and product supply of the opon digital audio recorder (hereinafter “instant contract”). Of them, the part related to the instant case is as follows.
Article 1(Purpose)The purpose of this Agreement is to prescribe the rights and duties of the truster and the trustee in performing the development of the opphone digital audio recording apparatus and the production and supply of products at the request of the truster (the plaintiff, the hereinafter the same shall apply) so that the trustee and the trustee perform in good faith the development services and the supply of products.
Article 2 (Definitions of Terms) (1) Development means all activities involving design, gold, development of hardware and sampling of this development services, and production and supply of products.
Article 3 (Contract Period and Detailed Schedules) (1) The period of this Agreement shall be from May 8, 2014 to August 8, 2014, and the detailed schedule shall be in accordance with the Added Development Plan.
Article 5 (Development Costs) (1) A truster shall pay the trustee a total of 75,000,000 won (excluding value-added tax; hereinafter the same shall apply) in return for the main development services.
(2) The truster shall pay the development expenses under the preceding paragraph to the trustee as follows:
1. Advance payment: payment within 14 days from the date on which a trustee files a claim after concluding this contract in the amount of KRW 37,500,000,500, which is 50% of the development expenses;
2. Part-time payments: Payment made within 14 days from the date a trustee claims, after the interim inspection and approval notice of the trusters, which is 30 percent of the development costs, is delivered;
3. Balance: 15,00,000 won trustee’s submission of development results and notice of approval of the truster, which is 20% of the development costs, within 14 days from the date the trustee requests, the trustee shall submit to the truster any of the following development results arising under this contract at each stage or upon completion of development:
1. Round chart;
2. The change of circuits;