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(영문) 의정부지방법원고양지원 2014.10.31 2013가단34450
계약불이행에따른손해배상
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 21, 201, the Plaintiff entered into a business agreement with the Defendant including the following (hereinafter “First Business Agreement”).

제1조 [목적] “갑(피고를 지칭한다)”와 “을(원고를 지칭한다)”은 공동으로 고효율 SMPS[Switching Mode Power Supply]를 개발 제작 및 NEP를 취득하여 업무적으로 윈윈하고 이를 실수요자에게 판매함을 목적으로 한다.

Article 2 [Scope of Products] - Article 3 [Product Development and Manufacture Price] - LED street lamps and high-efficiency SPS for tunnels] - Article 3 [Products Development and Manufacture Price] - 1 type - separate Article 5 [Mandatory Matters] [Attachment 50,000,000] [Won 50,000,000] attached tax for daily gold lamps, etc. (Won 50,000] - “B” shall grant “A the authority of development and manufacture in accordance with the terms and conditions of the above contract, and “A” shall not arbitrarily transfer its authority to others.

Article 6 [Cooperation with NEP Certification] - “A” shall separately prepare an exclusive license agreement for a patent owned by “A” so that “B” may obtain NEP certification in the name of “B”.

Provided, That it is confirmed that the exclusive license is used only for the purpose of the NEP certification and it is not the transfer of real ownership and right of use.

Article 7 [Power of Business and Sale] - Since the authority of business and sale through the SMPS specified in this Convention has both the authority of “B”, “B” may not manufacture and operate a MFS produced by investment of “B” to a third party.

Provided, That where it is inevitable to directly connect "A" to "B", the fact may be notified in advance to "B" and the business and sale may be conducted with the consent of "B".

If the fact that "B" has been sold and operated late without prior notification and approval, in violation of the prior approval, is revealed, "B" may claim damages against "B".

B. Pursuant to Article 3 of the 1st Business Convention, the Plaintiff: (a) KRW 30,000,000 on January 11, 2012; and (b) KRW 25,000 on April 10, 2012.

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