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(영문) 인천지방법원 2016.07.21 2014가단32136
물품대금등
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 46,050,000 and its KRW 36,700,000 among them, the Defendant (Counterclaim Defendant) shall have the effect on January 1, 2014.

Reasons

1. The following facts in relation to the principal lawsuit and the counterclaim are not disputed between the parties, or may be acknowledged by taking account of the whole purport of the pleadings as a whole in each entry in Gap evidence Nos. 1 to 3.

The plaintiff is an individual entrepreneur who manufactures the LED parts, etc. in the trade name of C, and the defendant is an individual entrepreneur who manufactures and sells the pressure gas sprayers, etc. in the trade name of D.

B. On May 2, 2013, the Plaintiff and the Defendant entered into a contract on the development and supply of LE cosmetics and goods with the content that the Plaintiff would develop PEPC Modles necessary for the shooting and movement Modles in the operation of cosmetics based on the LESK, model name F) offered by the Defendant on May 2, 2013 (hereinafter referred to as the “instant contract”).

The main contents are as follows. ① All intellectual property rights pertaining to the PE beauty so developed by the Plaintiff belong to the Defendant (Article 2 subparag. 1). ② The Defendant must provide the Plaintiff with the standards for the production and quality control of the PE beauty so as to the Plaintiff, and the Defendant is liable for quality control of the PE beauty so supplied (Article 2 subparag. 3). (2) The Plaintiff manufactured and supplied parts 500 sets pursuant to the instant contract on June 17, 2013, and then supplied them to the Defendant (hereinafter the first supply), and around that time, the Defendant made the finished product of the PE beauty so supplied by the Plaintiff and supplied them to G (hereinafter referred to as “G”).

3) From May 1, 2013 to June 28, 2013, the Defendant paid the Plaintiff KRW 64,500,000 in total as the price for parts supplied as a first-lane to the Plaintiff and the development cost. 4) The Plaintiff, on November 5, 2013, additionally supplied parts to the Defendant (hereinafter the second supply), but the Defendant did not pay KRW 46,050,000 in total.

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