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(영문) 서울서부지방법원 2016.07.07 2015나3840
도급대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport:

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 14 (including paper numbers), the plaintiff developed 85 designs on July 24, 2014 between the defendant and the defendant for the defendant by the time of August 13, 2014, including the total number of 20 of the plaintiff's mining, male, male, male, male, male and male, male and female panty sports, and the total number of 85 designs between the defendant and the defendant, and the defendant develop the same year.

8. Until August 14, 201, a design development agreement was concluded to pay 2.5 million won as the development cost; the Plaintiff issued a work instruction (attaching the original design) necessary for manufacturing a design based on the design developed by himself/herself to B, an employee of the Defendant, on August 14, 2014; and the Defendant, around that time, may recognize the fact that products were manufactured and disclosed at a competitive show.

According to the above facts, the plaintiff completed the development of the design under the above design development agreement.

As such, the defendant is obligated to pay to the plaintiff development costs at the rate of 5% per annum under the Civil Act from August 15, 2014 to January 13, 2015, the delivery date of the complaint in this case, and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

Therefore, the plaintiff's claim is justified, and the judgment of the court of first instance with the same conclusion is just, and the defendant's appeal is dismissed. It is so decided as per Disposition.

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