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(영문) 서울고등법원 2016.04.08 2014나17741
손해배상
Text

1. Of the judgment of the court of first instance, the part against Defendant A, which exceeds the money ordered to pay below.

Reasons

1. The court's explanation concerning this case is the same as the entry of the first instance court's decision, except in cases where the part of the judgment of the first instance is rewritten or added as the following two. Thus, the court's explanation concerning this case is cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Any part which prepares or adds the judgment of the first instance; and

(a) 3rd 4 pages of the first instance judgment shall be subject to verification by re-verification;

(b) 5th 13th 13th 13th 13th 39th 6th 6th 14th 14th 14th 14th 3th 14th 3th 4th 4th 4th 5th 6th 100 each of the testimony by the witness H, I’s each testimony by the witness E and F’s testimony by the witness of the party.

3.Nos. 9, 13, 9, 10, 10, 10, 10, 10, 10, 100, 13, 13, 13, 200, 200, 200, 300

C. Around December 17, 2010, the Defendant Company: (a) approved the prototype of the instant chips; and (b) did not place an order for the product for at least one year thereafter; (c) as seen earlier, the Plaintiff may terminate the instant contract pursuant to Article 19(2) of the instant contract; (d) the instant contract was lawfully terminated on May 7, 2012, on which the duplicate of the complaint indicating the Plaintiff’s intent to terminate was served on the Defendant Company.

I would like to say.

Therefore, the Defendant Company is obligated to pay to the Plaintiff the total amount of development cost borne by the Plaintiff” as stipulated in Article 20(5) of the instant contract, as penalty for breach of contract termination, to the Plaintiff KRW 295,00,000, and delay damages therefrom.

The Plaintiff asserts that value-added tax 29,500,000 won for the development costs is also included in penalty. However, the Plaintiff and the Defendant claim that the total amount of the development costs under the instant contract would be KRW 530,000 under the said contract, and among them, KRW 295,00,000 shall be borne by the Plaintiff, and KRW 235,000,000,000 shall be borne by the Defendant Company respectively.

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