logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.04.28 2016나2023395
투자금반환 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

A. After combining the diskettes, it is necessary to undergo an electrical experiment (on a practical basis, telecom is verifying the performance of connecting pin in combination with connected pins, diskettes, and specific CPU, and for this purpose, it seems that the connecting pins in this case requires the production of scamet). Unlike the existing connecting pins, the connecting pins in this case are very short of 1.24m in length (way length) and is installed in the CPU, and even if it is installed in the connecting pins, it is difficult to have the price competitiveness unless the connecting pins and scams are supplied in combination with the connecting pins as a type of low-end model, so it is essential to develop and manufacture commercial scamet suitable for the connecting pins in this case and commercialization of products.

③ In light of the fact that in each e-mail, etc. (Evidence Nos. 2, 5, 16) sent by a tele-mail, etc. (Evidence No. 2, 5, and 16) the tele-mail, etc. expressed in the small pocket book (Oe-mail, On-board housing, 10 Sock *1 K Socket, 10 Socket, 10 Socket) that includes the quantity of the product to be connected to the product, and continuously demanded the development of the small pocket book in the process of verifying the technology of the connected pin product of this case delivered by the Defendant, it seems that the tele-com is not the connecting pin itself, but is aware of the connection with the commercial pocket as the product subject to the product approval.

④ According to the contract’s purpose and scope of business, the Plaintiff is obligated to pay KRW 500 million for development funds to the Defendant. Accordingly, the Defendant has the obligation to develop the connection pin and obtain product approval from the telecom with the aforementioned development funds. After the product approval for the connection pin, the instant contract is immediately subsequent to the approval of the product, and is obliged to conclude a separate contract for the production and supply of the products and for this purpose.

(See Article 2(c) of the Agreement.

arrow