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(영문) 대구지방법원 2019.01.10 2018나312532
손해배상(기)
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

1. Basic facts

A. On March 28, 2017, the Plaintiff entered into an outsourcing service contract with the Defendant who operates the manufacturing business, etc. under the trade name “C” to develop the design and prototypes of the package travel package products (hereinafter “instant contract”) by May 8, 2017, and paid KRW 4,250,000 to the Defendant as the down payment.

B. Of the instant contracts, the content pertaining to the instant case is as follows.

A Co., Ltd. (hereinafter referred to as the "A") and C (hereinafter referred to as the "B") that are parties to this contract of outsourcing service agree to enter into a contract for the development of design and prototypes (tentatively named) for travel package(tentatively named) under development A and implement it in good faith.

Article 2 (Contract Terms and Conditions - Total Contract Amount: 8,500,000 won (excluding value-added tax): Contract Date: Article 5 (Work Charges and Payment Conditions) A from March 28, 2017 to May 8, 2017) shall pay 50% of the total contract deposit specified in Article 2 as advance payment at the same time as contract enforcement, and pay 50% of the remainder after completion of development to B.

The time of completion of development shall be deemed to have been completed when A notifies the completion of inspection in writing after the examination by A.

However, even in such cases, if any additional problem is found in the later test (purpose of delivery), the B shall be responsible for the supplementation thereof.

Article 7 (Prohibition of Re-entrustment) B shall not entrust a third party with all or part of this case without obtaining prior written consent from A.

Article 8 (copyright Protection) B shall not be disclosed to the outside without A’s permission concerning the design, design and creation of the above product.

No person shall be entrusted to, or exposed to, a third party without prior written consent from, A.

Article 9 (Confidentiality) A commences not only during the implementation of this Agreement but also after the termination of this Agreement to a third party.

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