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(영문) 의정부지방법원 2019.01.23 2017가합1261
계약금반환
Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 21,00,000 as well as the full payment from August 30, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company that manufactures pet goods and wholesale and retail business. The Defendant is a company that runs gold-type manufacturing business and plastic manufacturing business.

B. The Plaintiff and the Defendant entered into a gold-production contract and gold-type investment contract 1) The Plaintiff’s solid toilets located in the name of “C” (hereinafter “the instant product”).

(2) On July 23, 2015, the Plaintiff made a design of the product to manufacture and sell the instant product (According to the Plaintiff’s design, the instant product is completed by assembling seven plastic parts, and is classified into Category A (limited to non-absorbing type; hereinafter referred to as “A type”), Category B (hereinafter referred to as “B type”). The Plaintiff, upon having the Defendant manufacture and supply the instant product from July 23, 2015, requested the production of the gold type necessary for the plastic form of each part (hereinafter referred to as “gold type”).

Meanwhile, the Plaintiff and the Defendant set the gold-type production cost of this case at KRW 250,00,000, and each other bears one half of the gold-type production cost of this case. The gold-type of this case is jointly owned, but the Plaintiff entered into an investment contract under which the Plaintiff separately distributes profits of KRW 1,800 per unit of the product of this case (hereinafter “investment contract of this case”).

The main contents of the gold production contract and investment contract of this case are as follows.

In ordering necessary development services to Eul (referring to the "Plaintiff") (referring to the "Defendant"), Eul and both parties agree to enter into a contract with Gap and Eul in developing services upon receiving orders for the following development services:

Article 1:The indication (Development Services) of contract goods: C NOPA PATRNE and Do specific items, CAV amount, and 1 Hooodoutouty.

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