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(영문) 서울동부지방법원 2019.07.17 2018가단104482
설계대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that runs indoor construction, interior design and construction business, etc., and the Defendant is a company that runs cartoon franchise business, “C”.

B. The Plaintiff, from the Defendant, contracted the Defendant’s 7th class E interior department department C’s interior work, and performed the Defendant’s franchise store interior work, such as the tethical curriculum store, C Suwon curriculum intersection store, and the subcommittee delivery store, etc.

C. The Defendant completed the application for design registration and registration with the Korean Intellectual Property Office on the F date as “rearator” G and owner of a design right.

[Ground of Recognition] Facts without dispute, Gap's entries, images, and the purport of the whole pleadings, as well as Gap's statements, Gap's statements, 13, 14, 37 through 40, and 48 (including each number if any; hereinafter the same shall apply).

2. Judgment on the parties' arguments

A. On January 2016, Plaintiff 1 entered into a contract for the design of household design manuals to be used at C places of business with Defendant at the early January 2016 (excluding value-added tax). Accordingly, as the design drawings completed from March 26, 2016 to March 28, 2016 were provided to the Defendant, the Defendant is obligated to pay the Plaintiff the design cost of KRW 46,200,000 and the delay damages therefor. (2) The Plaintiff was a company that performed the construction of the store in the contract with the Defendant for the construction of the store in C, and the Plaintiff did not request the Plaintiff to design the household to be used at C stores, and the Plaintiff sent the household design again to the Defendant by arranging the household design in order to receive the C household design care and 3D images from the Defendant, and there was no way to enter into a contract for the design design manual entered into between the Plaintiff and the Plaintiff.

B. Therefore, according to the records and images of evidence Nos. 12, 41, 44, and 46, the Plaintiff from February 16, 2016

3. Before December 28, 200, a design file for the CG design manual, a design file for the CG design boiler form, and a CGD design file for the Defendant.

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