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1. The Defendant (Counterclaim Plaintiff) paid KRW 132,00,000 to the Plaintiff (Counterclaim Defendant) and its amount from June 23, 2015 to September 30, 2015.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On May 14, 2013, the Defendant, who is engaged in the manufacture, wholesale, retail, etc. of telecommunications products, etc., of the instant primary contract, concluded a service contract with the content of entrusting the Plaintiff with the development of “PND 3DGU draft software (hereinafter “instant software”)” (Evidence 1; hereinafter “the instant primary contract”), which is the main contents as follows.
Article 2(Development Objectives) The objectives of this Agreement are to develop and supply “B (Plaintiff, hereinafter the same)” and supply “B (Plaintiff, hereinafter the same)” with the software for “A (Defendant, hereinafter the same shall apply)” upon request of “A” (PND).
Here, the term "products" means products made of software as specified in the development proposal of Annex 1, and includes products subject to development under Article 3(1).
Article 3 (Scope and Results of Development)
1. (Subject-Matter of Development) The term “this product” is intended for “PND” products to be planned and developed by “A”, and is aimed at the development of 3DUI SUP software which “B” holds.
Article 6 (Provision, Inspection and Approval of Development Results)
1.A “B” shall complete the development in good faith in conformity with the purpose of this Agreement and provide “A” with the results of the development specified in paragraph 2 of Article III within one month from the date of completion of the development.
In such cases, "B" shall request "A" to approve the completion of the development of "A" in writing.
2.A “A” shall conduct an inspection after taking over the results of the development pursuant to the preceding paragraph and notify “B” in writing within one week from the date on which the approval is provided.
3. As a result of the inspection under the preceding paragraph, “A” and “B” shall be agreed in advance.