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(영문) 서울중앙지방법원 2014.05.22 2012가합545122
부당이득금
Text

1. The Defendant is 165,00,000 won to the Plaintiff and 6% per annum from February 11, 2011 to January 21, 2013.

Reasons

1. Basic facts

A. In the process of promoting a capsul-type coffee development project, around 2010, the Plaintiff submitted a proposal on coffee telecommunication using tin-type heat and a schedule of development from December 201 to March 201, the Plaintiff entered into a contract with the Defendant on January 25, 201 with the following contents, and paid a service fee of KRW 165 million (including value-added tax) to the Defendant on February 11, 201.

(hereinafter referred to as “instant business service contract”. Article 1 (Purpose) “B (Defendant’s C Research Center)” provides a business proposal service (design and Product Development Consulting) service to “A” and “A” provides service fees to “B” to facilitate the proposal.

Article 2 (Contents of Services) The contents of services provided by “B” are as follows:

1. Development of a capsul-type coffee type and coffee type ( model of 2 type type sul-type sule type - machine type - machine type sul-type sule type - machine type sule type ;

2. Development of Es presses and self-spon-spon type designs;

3. Development of new capsules;

4. Article 3 (Service Fees) (1) of the consulting on the development and production of machines to which the development design is applied, shall be 150,000,000 won per day.

(2) Time: 100% within 10 days after the contract is made. (3) Where the development design is not applicable to the production of coffee, "A" may cancel the contract, and "B" shall bear the obligation to reinstate.

Article 7 (Term of Contract) The term of validity of this Agreement shall be three months from the date of conclusion of the contract.

From December 28 to March 28, 2011)

B. Around that time, the Defendant offered the Plaintiff with the design of a capsule-type coffee, and owned tin-crox (hereinafter “Acrox”) technology applicable to the boiler, to a tin-crox development company applicable to the coffee machine, and a tin-crox (hereinafter “Acrox”).

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