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The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.
after the filing of an appeal.
Reasons
1. The reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, in addition to determining the conjunctive claims added by the plaintiff in the court of first instance pursuant to paragraph (2) below, and thus, it is accepted by including the abbreviation pursuant to the main text of Article 420 of the Civil Procedure Act (in relation to the primary claims, the plaintiff entered into an individual contract in accordance with the basic contract of this case and did not perform the obligation to place the product of this case to the plaintiff, and the plaintiff did not unilaterally refuse to enter into an individual contract even though he provided legitimate trust in concluding the individual contract.
However, the judgment of the first instance court that rejected the Plaintiff’s above assertion is justifiable, and the evidence submitted by the Plaintiff in this court alone is insufficient to admit the Plaintiff’s assertion, and there is no other evidence supporting the Plaintiff’s assertion. 2. The judgment on the Plaintiff’s conjunctive claim
A. Upon the Defendant’s request, the Plaintiff produced sampling of the instant product from September 1, 2015 to November 13, 2016, and sent it to an enterprise designated by the Defendant.
The development cost of the sampling of this case is normally limited to KRW 4,500,000 per unit (Additional No. 3; hereinafter the same shall apply). The defendant is obliged to pay at least the plaintiff the total amount of KRW 279,00,000 (=4,500,000 x 62) of the development cost of the sampling of this case.
B. Determination 1) In order to claim the Defendant to pay the development cost of the sample of this case, it should be premised that the Defendant agreed to pay the development cost of the sample of this case to the Plaintiff by entering into an individual contract, etc. However, the evidence submitted by the Plaintiff alone is insufficient to recognize it, and there is no other evidence to acknowledge it.
2) The Defendant agreed to pay the Plaintiff the development cost of the sampling of this case.