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(영문) 수원지방법원 안양지원 2018.12.13 2018가단273
개발비반환
Text

1. The Defendant (Counterclaim Plaintiff) at USD 100,000, U.S. dollars to the Plaintiff (Counterclaim Defendant) and on January 20, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed to be combined.

1. Facts of recognition;

A. On July 1, 2016, the Plaintiff entered into a contract for development, production, and supply with the Defendant for UDA DDA Modle (hereinafter “instant product”).

(hereinafter “instant contract”). (b)

The Plaintiff paid USD 100,000 to the Defendant from July 2016 to February 2017 at the development cost of the instant product.

C. At the time of the instant contract, the Plaintiff and the Defendant agreed to return to the Plaintiff the full amount of USD 100,000 U.S. dollars received within 10 days from the date of termination of the contract, where the Defendant did not enter the product of this case until March 2017 or the Plaintiff renounced the business of this case due to business feasibility problems.

(Article 3. D. of the instant contract)

On December 19, 2017, the Plaintiff determined that the product itself has a low possibility of sale due to its own performance and price competitiveness, and notified the Defendant of the termination of the instant contract.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 7, Eul evidence 1 to 10 (including each number), the purport of the whole pleadings

2. Determination

A. The following circumstances, which are acknowledged by the judgment on the cause of the principal claim, the facts of the above recognition, and the grounds for the above recognition, (i) in the “TN8925M Biz proposal” prepared by the Defendant, the Plaintiff deposited USD 100,000 with the cost of developing the rackr and providing technical support, and the Defendant would refund the said cost to the Plaintiff when the Plaintiff renounces the rackr business, and the rack price was determined by the Plaintiff’s leading decision in line with the market conditions, and the estimated annual sales of the Plaintiff are at least KRW 300,00 through two million, and the Defendant would be at an early stage following the reduction of future risks and the support of development costs due to lack of experience in the production and supply of the rackr.

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