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(영문) 대전고등법원 2019.11.20 2019나10383
손해배상(기) 등
Text

1.The judgment of the first instance shall be modified as follows:

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall list the Plaintiff (Counterclaim Defendant) in attached Form.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company that is engaged in the business of manufacturing the power plate manufacturing body, etc. under the trade name of “D” and the Defendant is a company established for the purpose of manufacturing the electronic parts of robots and the boilers.

B. On March 28, 2017, the Plaintiff received an order for the contact monitoring system (F 3 units, G 3 units) from E Co., Ltd., and received an order for the contact monitoring system (H 1 unit, 5 unit for 2017) on April 26, 2017.

C. The Plaintiff entered into two contracts with the Defendant as follows.

Article 3 (Payment of Development Costs) 1 of the balance (excluding value-added tax) of the contract deposit of KRW 5 million in advance (excluding value-added tax), the intermediate payment of KRW 1 (5 million), the intermediate payment of KRW 2 (5 million) (5 million), the contract period of the intermediate payment of KRW 5 million) from April 1, 2017 to May 30, 2017, as a result of the service, the development of the PPOT/AR program and other intermediate payment of KRW 1 (1) of the intermediate payment of KRW 2 (after completion of the basic function) (after completion of the screen), the remainder (3 months) of the intermediate payment of KRW 5 million (5 million) at the request of the defendant, shall be paid to the defendant at the cost of the plaintiff as follows:

(2) Where this contract is terminated due to reasons attributable to the defendant, all development costs shall be borne by the defendant.

3. Where this contract is terminated due to reasons attributable to the plaintiff, all development costs shall be borne by the plaintiff.

Article 4 (Submission of Reports) (1) The defendant shall submit to the plaintiff a report on the results of the project together with the service results:

1. A report stating the procedure and method for providing services;

2. Documentary evidence photographs (2) The plaintiff may, after evaluating and reviewing the reports set forth in the subparagraphs of paragraph (1), request supplementation or corrective measures, and the defendant shall be liable to supplement them.

In such cases, the payment shall be made after final review of the results report along with the service results.

Article 6 (Extension of Period) (1) If it is impracticable for the Defendant to complete the service within the period specified in the present contract, the reasons therefor shall be ten days before the contract is terminated.

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