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(영문) 광주지방법원 목포지원 2018.05.09 2016가단7799
약정금
Text

1. The Defendant’s KRW 26,200,000 as well as the Plaintiff’s annual rate of KRW 6% from September 20, 2016 to May 9, 2018.

Reasons

1. Factual basis is that the Plaintiff is engaged in the design and construction business of excreta treatment facilities, and the Defendant is engaged in the manufacturing business of containers and metal structures.

On August 2015, the 1st Army Headquarters of the Army had the Plaintiff’s “C (patent D) patent technology” (hereinafter “instant patent technology”) to use the Plaintiff’s “C (patent D) toilet improvement project.”

On September 25, 2015 and October 2015, the Defendant, among the above businesses, ordered the installation of two E-Stop toilets and 12 f tophere toilets, and on September 25, 2015, the Geumsung Container Terminal Co., Ltd. (hereinafter “gold Container”) ordered nine installation works for G tophere toilets.

On December 9, 2015, the representative director of the Plaintiff agreed on the use of the patent technology of this case in the production of the Defendant and the H on behalf of the Defendant and the Kusung container and the above 23 toilets, and written an agreement with the following contents:

(hereinafter referred to as the “instant arrangement”) . 1. The Defendant and the Geumsung Container manufacture, in accordance with the design drawings, specifications, specifications, etc., all of the inside and outside parts of the clean water circulation toilets, facilities, and disposal system equipment facilities of the clean water circulation toilets, and complete the installation of the equipment at the supply site after the test operation.

2. The Plaintiff shall provide the relevant technology and construction methods at the request of the Defendant, the gold container, and shall consult with the Defendant, the gold container, and provide technical assistance so that manufacturing defects do not occur through on-site support and examination in the process of manufacturing the goods. At the time of completion of manufacturing, media and female materials, etc. related to the Defendant, the gold container at the request of the Defendant, and all of them shall be tightized to check and identify whether normal operation of toilets is performed through testing operation and supply them to the installation site.

3. The Plaintiff is fully responsible for a professional engineer’s claim related to the processing system for two years after completion of the delivery of the facility.

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