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(영문) 서울중앙지방법원 2016.12.13 2016가합13913
선급금 반환
Text

1. As to KRW 921,266,426 among the Plaintiff and KRW 360,000 among them, the Defendant shall start from April 17, 2016 to July 15, 2016.

Reasons

1. Facts of recognition;

A. On March 3, 2014, the Plaintiff, the Defendant, and the Defendant’s representative director B concluded a royalty payment contract for the production of Tact Plad (hereinafter “instant product”) with the following contents (hereinafter “instant contract”).

Article 2 (Development Support)

1. B (Defendant) must develop and complete sampling for Tact Plad Products for six months from November 2013 to April 2014 (hereinafter referred to as “development period”) at a place designated by A (Plaintiff)’s factory or at a place designated by A (Plaintiff).

2. A shall assist B during the above development period in the amounting to KRW 180,000,000 per month as a total of KRW 30,000,000 per month (hereinafter referred to as “development costs”).

3. A and B may, upon agreement between the Parties, extend the above development period by up to six months.

Where the development period is extended additionally, the parties shall make a decision on whether to pay the development expenses, the amount to be paid, the method of payment, etc. in April 2014 after mutual consultation.

4. Development costs will be considered as advance payment of mining royalty that A will pay to B in the event of future Tactil Plad mass production and sales in accordance with this Agreement.

Article 3 (Refund of Development Costs and Security)

1. B shall return to A the full amount equivalent to the development costs received from A within 30 days from the time the return is requested by A in the following cases:

(1) Article 4 (Active Pad Quantity Products) in a case where: (3) in a case where the Lesing A (hereinafter “LA”) and the U.S. Pad Products are not concluded after the KOI was terminated or terminated between Company A and the U.S. Press; (4) in a case where the Lesing A and the U.S. Pad Products are not performed within two years after the LOI was concluded; or (3) in a case where the LOI or the LA was terminated or terminated, the Lesing A and the U.S. Pad Products are not performed within two years after the LOI was concluded.

1. Eul should ensure that the mass production of Tact Pad through the development period under paragraphs 1 and 3 of Article 2 commences by December 2014 or by the date on which the mutual agreement between Gap, Eul, and three Impres is reached (hereinafter referred to as “SSP”).

Article 6. B and C.

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