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(영문) 서울중앙지방법원 2016.10.25 2014가합501423
부당이득금
Text

1. The Defendant: (a) KRW 55,00,000 for each of the Plaintiffs, as well as 6% per annum from May 15, 2013 to January 20, 2014; and (b) on January 20, 2014.

Reasons

1. Basic facts

A. Man Newel Co., Ltd. (hereinafter “Man Newel”) is a company aimed at developing, manufacturing, and selling computer peripheral devices, and is a company engaged in manufacturing, manufacturing, and selling electrical and electronic products (hereinafter “Manman”).

B. On May 10, 2013, Ma Newel and Madomantech entered into a supply contract with the Defendant regarding the production and supply of the “native class management software program” (hereinafter “instant supply contract”) with the following content.

Article 1 [Purpose of this Agreement] The purpose of this Agreement is to stipulate all matters necessary for the input of and development of the resources of “Moneoneart Clas” (tentative name) in the specifications required by “A” (Morael and well delivery of the products to “A”.

Article 2 [Scope of Contracts] 2-1. The scope of this contract is the provision of the two direction-setting teaching software for smart education according to the requirements of Gap, and detailed functions are as stated in the attached specification of the requirements.

hereinafter referred to as “instant request statement.”

shall be governed by this section.

Article 3 [Goods and Payment] 3-1. - Payment Method - Payment Method - Payment of KRW 100,000,000 (VAT Separate): Payment - Payment Method of KRW 100,000 at the time of supply contract with at least 100copy on a server basis (The date of performance determination: 1 year after the date of contract): Article 4 [The terms of supply of goods] 4-1. 4-1. The payment period shall be completed within four weeks after the date of contract development of all functions corresponding to the specification of requirements attached after the payment of the start money.

Article 7 [tally and Delivery] 7-1. B shall deliver to A any supplied product specified in the Schedule of Supply attached to this Agreement within four weeks.

7-2. Moneart Clas requested for tally inspection are required to have a complete function so as not to exceed five (5) days by completing the Party B’s self-tally inspection.

7-3. The results of Party A’s examination are as follows.

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