(영문) 서울중앙지방법원 2015.02.12 2013가합538442

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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2015.02.12 2013가합538442

물품대금

Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. The costs of lawsuit;

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures and sells electronic device parts, manufactures and sells various software products, and provides services. The Defendant is a company that engages in health management and disease management and medical device sales, etc.

B. On September 17, 2012, the Plaintiff entered into a contract with the Defendant for the supply of finished products ordered by the Defendant to the Defendant (hereinafter “instant contract”) after completing the development of Dworkki (Walkie-D; hereinafter “instant product”) which is a portable activity measuring device linked with smartphones, and completing the development of the portable activity quantity linked with smartphones (hereinafter “instant product”). The main contents of the contract are as follows.

Article 3 The term of validity of the instant contract shall be one year from the date of conclusion of the contract, and it shall be automatically extended one year from the following day after the expiration of the contract under the same conditions unless the other party notifies the other party in writing at least one month before the expiration of the contract.

Article 4

(a) Development costs required for product development shall be KRW 67,00,000 (excluding value-added tax), and the product costs of KRW 13,250,00 (excluding value-added tax) shall be the total down payment of KRW 80,250,00 (excluding value-added tax);

B. The Defendant shall pay the Plaintiff the contract costs as follows:

- Advance payment: Cash payment of KRW 40,125,00 (excluding value-added tax) within 30 days from the date of issuance of the tax invoice after concluding a contract; Balance: Cash payment of KRW 40,125,00 (excluding value-added tax) within 30 days from the date of issuance of the tax invoice with the approval of completion of development from the Defendant by the Plaintiff;

C. The defendant shall notify the plaintiff of the approval within 10 days of the completion of development (including products) received from the plaintiff.

Article 5 The plaintiff and the defendant shall comply with the following when entering into the supply contract of this case:

(Interim omitted)

B. Where the Defendant is unable to continue business of the product subject to the instant contract due to unavoidable circumstances, the Defendant is the other party.

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