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(영문) 서울남부지방법원 2018.06.01 2017가합102717
손해배상(기)
Text

1. The Defendant’s KRW 125,704,688 among the Plaintiff and KRW 79,530,000 among the Plaintiff, shall be from January 31, 2013, KRW 12,030,688.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company established for the purpose of electric test equipment import and sale, manufacture and sale, etc., and the Defendant is a company established for the purpose of manufacturing and selling echemical measurement and analysis equipment, environmental measurement equipment, software development and sale business, etc.

The plaintiff (hereinafter referred to as "A") and the defendant (hereinafter referred to as "B") shall conclude a contract for the manufacture and development of the C Devices Act.

Article 1 (Purpose of Contract) A is to entrust the development and production supply of the C Devices Act, and B is to accept it.

§ 2. (Period) The development period of this Agreement shall be from September 26, 201 to February 29, 2012.

The production and delivery of development outcomes shall be made by the end of December, 2015.

Provided, That the production and delivery period for the development outcomes shall be automatically extended on a two-year basis, provided that no separate termination notice is given, unless the situation of Article 9 occurs by the agreement of the two companies.

Article 3 (Contents and Scope) All of C Devices Development Products (Separate 1: Reference to Request for Development)

1. H/W design and trial works of the C apparatus;

2. Article 4 (Payment of Price) (1) A shall pay 80 million won (excluding value-added tax) as technology development expenses to B, and the payment method shall be paid 50 million won in advance as down payment within seven days after the contract is concluded, and the remainder 30 million won shall be paid after the lapse of three months and the interim report is filed to verify whether the performance is realized;

(e.g. when payment is made: December 31, 201). 6 (Implementation of Contracts) 1) B shall constitute H/W and PTRGM in compliance with the specifications required by A (A: Request for Development).

(2) Eul shall provide all the development outcomes referred to in Article 3 immediately after the completion of development, and Gap may not be supplied with the same product as a per contract to a third party on the basis of the materials provided.

In addition, Party A can not independently manufacture products identical to Party B based on the data received from Party B.

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