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(영문) 수원지방법원 2019.04.05 2017나61522
부당이득금
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The plaintiff is a person who runs the automatic text sales business, etc. with the trade name of "D", and the defendant is a corporation with the purpose of the electronic control system manufacturing business.

Article 1 [Purpose] 1) 1) 1 'A' provides 'B (Plaintiff) with all the production of FOLING DOTR hardware. 2) 'B (Plaintiff)' has sales authority to commercialize and sell FOLING DOTR hardware received from 'B (Defendant).

Article 2 (Contract Amount) 1) 2 (Plaintiff) 1) 'B' shall enter into 'A (Defendant) with the following costs for development and gold-type costs required for the production of FOLDING DOTR hardware, initial products EA, and transfer of sales rights: Contract amount: KRW 100,000,000 (Additional Tax) 2) 'A (Defendant) 'A (Defendant)' shall enter into 'B (Plaintiff)' within 40 days after the deposit of the down payment.

Article 3 [Conditions] 1) "B" must place an order to "B (Defendant)" for a product of at least 300 EA/A (Additional Tax) for the product of at least 220,000 won/EA (Additional Tax) 2) after the three-month grace period after the conclusion of the contract. "B (Plaintiff)" for the product of sales (where the product of at least 3,000/years is not sold, "B (Defendant)" may have some sales rights by re-resolutioning the sales rights of "B (Plaintiff)".

(6 months of grace period)

B. On August 8, 2014, the Plaintiff entered into a contract with the Defendant with respect to the hardware as follows (hereinafter “instant contract”).

C. On August 12, 2014, the Plaintiff transferred KRW 100 million to the Defendant’s account under the instant contract.

However, the Defendant completed the development necessary for the production of FOLDING DOR hardware until September 21, 2014 from the date following the date of receipt of the above KRW 100 million from the Plaintiff, and failed to deliver the initial products to the Plaintiff.

E. On January 2015, the Plaintiff was supplied with a number of initial products from the Defendant, and then tried to initiate FOLDING DOR at the Product SOR conference.

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