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(영문) 서울고등법원 2016.04.22 2014나2041979
지급금반환
Text

1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) regarding the principal lawsuit shall be revoked, and the revoked part shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff between the Plaintiff and the Defendant is a company that aims at the manufacture and sales of intelligent robots, and the Defendant is a company that aims at the development and sales of telecommunications products.

On February 24, 2011, the Plaintiff entered into a contract with the Defendant to develop and supply a mobile Internet device (Moviet Deviet (hereinafter “MID”) to the Plaintiff, which is to be installed in an educational robot developed by the Plaintiff (hereinafter “instant contract”), and the main contents thereof are as follows.

Article 2 (Terms of Contracts)

1. The definition of a product and its schedule: A proposal for development and supply (see evidence 1-2) attached thereto;

A. Price of the product: (220$30)/ set;

(b) Quantity of guarantee purchase: 5,000 set;

c. Period of a product supply contract: Three years after the conclusion of a contract.

2. Text and supply of products;

A. Initial order quantity: 2,00 set;

(b) Period of supply: Three years and three times after the first order (1,000 set, 1,000 set, 1,000 set);

3.Payments shall be paid 30% cash at the time of the receipt of the order and 70% at the time of the supply of the product by electronic bills (60 days) at the end of the following month after the receipt of the tax invoice.

4. Provision of developed intermediate samples and quality inspection;

A. Development sampling shall submit to the Plaintiff a set of five set on June 7, which is the time the assembly of ES1 is completed.

B. Quality inspection samples shall submit to the Plaintiff the set of 10 set on July 4, which is the time the assembly of ES2 is completed.

Accordingly, the plaintiff shall inspect the sample submitted and issue a certificate within 12 days.

C. Development schedule may be somewhat modified and adjusted through mutual consultation according to the progress of development.

7. In the instant contract for contract deposit, the terms of contract bond and contract performance bond are used altogether, but, in this case, they shall be denominated with contract performance bond.

A. In order to guarantee the development and supply contract, the Plaintiff shall pay KRW 300,000,000 to the Defendant as a contract deposit with the contract, and the Defendant shall be 100% of the contract deposit.

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