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(영문) 의정부지방법원고양지원 2019.11.29 2019가합74983
손해배상(국)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the instant dispute

A. The Plaintiff is a company established for the purpose of manufacturing industrial robots, and the company B (hereinafter “foreign company”) is a company established for the purpose of manufacturing and selling aluminium products.

B. As a part of the government support project, the non-party company was selected as an entity responsible for the implementation of research tasks, “C business,” promoted by the Korea Institute for the Intelligent Industry Promotion (referring to a corporation established pursuant to Article 41 of the Act on the Promotion of the Development and Distribution of Intelligent robots; hereinafter “Korea Institute for the Intelligent Industry Promotion”), and entered into an agreement with the robot Industry Promotion Agency on April 28, 2017 on the instant support project (hereinafter “the “instant support project”). On August 14, 2017, the non-party company designated the Plaintiff as a participating entity and entered into a contract for the supply of robots (hereinafter “the instant agreement”).

The name of the project: D project period from the date of the agreement to May 31, 2018: Project costs: 264,00,000 won for government subsidies / 610,830,000 won for enterprises / total of 874,830,000 won for the supply place: The installation, trial operation, and completion report after the conclusion of the contract at 30% balance of 30% intermediate payment of the down payment of the non-party company's factory : 2 weeks in mass response after the completion report, the payment method after the mass operation, and the payment method after the mass operation, together with the above contract contents, additional contract terms, and accompanying documents (Submission to the Korea Institute for Industry, approved project plans, technical documents, estimates, drawings and specifications).

Article 2(3) of the General Terms and Conditions of Contracts, the Plaintiff is required to manufacture and examine the components necessary in accordance with the drawings, estimates, and specifications, and to manufacture, install, and operate for trial without omission. Article 4 (Delivery, Examination, and Payment related to Contract Goods) 2) The Plaintiff is either a tallyman of the non-party company after the completion of the trial operation, or a inspector of the non-party company after the completion of the test.

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