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(영문) 서울고등법원 2015.06.19 2013나69370
대금반환
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

Basic Facts

On June 23, 2011, the Plaintiff entered into a contract on the production of automatic assembly equipment (“instant equipment”) between the Defendant and F.A.T. system (F.T.S.) (hereinafter “instant contract”) with the Defendant operating the system, and the main contents of the instant contract are as follows.

Article 1 (Purpose) The purpose of this Agreement is to clarify the mutual rights and obligations between the Plaintiff and the Defendant in the production of the instant facilities and to ensure the successful production of the said facilities in accordance with the principle of good faith.

Provided, That in order to reduce the unit price due to the production amount of facilities, the defendant shall be responsible for the technical part (design part), and the assembly and trial operation part of finished products business trip shall be entrusted to the defendant's technician on the side until the completion thereof.

The estimated amount other than the estimated amount shall be dealt with under the responsibility of Ksisi Doner (the plaintiff's domestic corporation).

The plaintiff shall bear the departure equipment only three times, and the other travel fees shall be borne by the defendant.

Article 2 (Terms of Contracts)

(a) Facility name: The purpose of this case is to cooperate with the design part of the facility of this case and technical support for the production of the facility in China until completion of the plan.

(b) Production period: July 1, 2011 to September 20, 2011 (it may be somewhat changed depending on Chinese circumstances);

(c) Date of delivery: July 25, 201;

(f) Production content: Technical data, such as specifications and drawings, on which consultation has been held, and technical data, including operating manuals, and in principle, Chinese production is equivalent to royalties.

Down payment: 5,00,000 won shall be paid on June 23, 2011 in cash.

(b) Balance: 5,00,000 won shall be paid within two days after a trial run is completed in cash; and

Article 5 (Interim Tally Tallying and Delivery Inspection)

A. The plaintiff shall conduct an interim inspection in the presence of the defendant's technician as necessary, and the defendant shall comply with it.

B. After completing the installation of contract goods at the place designated by the Plaintiff.

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