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(영문) 서울남부지방법원 2020.11.12 2019가합114592
물품대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 178,158,123 to the Plaintiff (Counterclaim Defendant) and its related amount from July 4, 2019 to November 12, 2020.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a corporation that operates businesses such as the development and manufacture of semiconductors, electronic parts, etc., and the Defendant is a corporation that manufactures, sells, etc., tampers and tampers, etc.

B. On December 6, 2016, the original Defendant appears to mean the chips that control the chip attached to a smartphone in light of the content that the Plaintiff was displayed in the record and the pleading of the instant goods by e-mail pentiode ASIC against the Defendant on December 6, 2016.

A contract for development and supply of B (hereinafter referred to as “instant 1 contract”) was concluded and the goods supplied pursuant to the said contract were “instant 1 goods”).

its key

Contents are as follows:

For convenience of No. 1(1) of the instant contract (No. 1-1), “A” refers to the Defendant, and “B” refers to the Plaintiff.

(hereinafter the same shall apply)

The contract signed on December 6, 2016 between Won and the Defendant and the contract signed on May 28, 2018 were submitted to this Court as one of the evidence No. 1.

For convenience, the electronic contract refers to 1-1(1) and 1-1(2) of the certificate of the latter.

Article 1 (Purpose) The purpose of this Agreement is to prescribe matters necessary for the plaintiff to perform the development of contract products and to produce and supply prototypes of contract products to the defendant based on the product specifications provided by the defendant.

Article 2 (Definition of Terms) (1) The term "development" means that the plaintiff conducts development activities pursuant to Appendix 1, 2, and 3 based on the information provided by the defendant and submits contract products and products calculated accordingly to the defendant.

2. The term "contractual product" refers to an electronic machine-based product ASIC product that the Defendant requested the Plaintiff to develop in accordance with this Agreement by using the electronic machine-based method pentomyer.

Article 3 (Roles of Parties) ① The defendant's role is as follows. The defendant needs to develop contract products.

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