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(영문) 서울남부지방법원 2017.11.24 2016가단226251
손해배상(기)
Text

1. The Defendant: (a) KRW 34,200,000 for the Plaintiff and 6% per annum from June 23, 2016 to November 24, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation engaged in the development, manufacture, and sale of wired and wireless communications equipment, etc., and the Defendant is a person who develops, manufactures, and sells wireless communications auxiliary equipment in trade name, “B.”

B. Around April 2014, the Plaintiff entered into a contract with the Defendant to supply a fire-fighting and radio device (TNC-450) with the following content (hereinafter “instant contract”).

- The purpose of this Agreement is to enhance the overall efficiency and degree of completion in the production and sampling of the Defendant’s fire-fighting radio meters in cooperation with the original and the Defendant.

- The design and mass production of products shall proceed by the Plaintiff, the sale and installation of the products shall proceed by the Defendant, and shall cooperate with each other so as to ensure the design, mass production and installation of other products smoothly.

The plaintiff does not attempt to sell directly to the company that the defendant intends to provide, but does not sell the same product to the company in competition with the defendant.

- The plaintiff shall provide technical assistance to the sampling and certification tests of products and should not be unreasonable for the defendant to supply the product at the time of mass production.

The defendant shall provide the plaintiff with clear information (standards, conditions, etc.) necessary for the development of the product and assist him in consultation.

- The delivery of the product shall be made to C with the defendant's office, and the plaintiff must provide the product specifications, test procedure documents, test records, and product history records.

-in principle, payments shall be made in cash at the end of the month after delivery 45 days after the end of the month.

- The A/S period of the product shall be three years, and the effective period of this contract shall be three years after the contract, and all the both the plaintiff and the defendant shall give priority to individual contracts.

C. On or around December 9, 2014, the Plaintiff entered into a contract with the Defendant for the supply of main cable breadth (TNC-450PLA) and cable breadth (TNC-450LA) as similar to the instant contract.

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