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(영문) 서울고등법원 2016.07.13 2015나2047400
부당이득금등
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. On April 1, 2014, the Plaintiff filed a claim for the return of the amount equivalent to the paid amount and the claim for damages against the Defendants on the grounds of the development of the product and the cancellation of the supply contract. The first instance court dismissed all the Plaintiff’s claim.

In this regard, the plaintiff filed an appeal only against the claim for the return of the amount equivalent to the amount of the deposit, which is limited to the above part.

2. Facts of recognition;

A. 1) The Plaintiff is a company engaged in the manufacturing of electric control equipment, etc., and Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”).

) A company is engaged in the development, production, production, and marketing of wired and wireless automatic measurement and control systems, and Defendant D is the representative director of the Defendant Company. Article 3 [Scope and Contents of Technology Development Services, etc.] ① Products produced by the Plaintiff and the Defendant Company in consultation with each other (hereinafter referred to as “products, such as pressing stamping, purchase type Contact, purchase air conditioners, rheating and heating control ruptures, heavy meters, rupture, etc.

1. The plaintiff itself produces plastic pipeline cases of the above products, and the plaintiff's logo, trademark, etc. are identified and affixed to the outer space of the above products.

2. The defendant company produces and supplies all the parts of the above product, other than the case, such as an electronic circuit board, line, etc., to enter the inside of the product as requested by the plaintiff.

3. The Defendant Company does not provide technical assistance necessary for the Plaintiff to operate and sell the above products.

Provided, however, the products supplied by the supplier are respective Einvice (sing, stampinging, purchasing type Contact, IMO heating and cooling control terminal, string meter, string, etc.) and the supply and supply time shall not exceed July 2014. If the products supplied by the Defendant Company are in the form of Modle, the Plaintiff shall develop the operating documents, technical documents, etc. necessary for research and development.

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