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(영문) 서울중앙지방법원 2014.02.14 2012가합15911
손해배상
Text

1. Defendant A Co., Ltd.: (a) KRW 668,283,300 among the Plaintiff and KRW 338,783,300 among the Plaintiff, from May 7, 2012 to KRW 324.

Reasons

1. Basic facts

A. (1) On March 1, 2009, the Plaintiff entered into a contract for development and supply (hereinafter “instant contract”) with Defendant A Co., Ltd. (hereinafter “Defendant Company”) (hereinafter “C”) which is a main semiconductor product.

The main contents of the above contract are as follows:

Article 3 (Roles of Parties) Defendant: Assistance in design and development expenses of products; Apportionment of production and supply of products; ② On March 1, 2009, the date of conclusion of the contract; ② On March 1, 2009, the completion and delivery of the Defendant’s system design: 30 days (hereinafter “D-DY”) from the date of conclusion of the contract; ③ Completion of RTR verification: D-DAY 2 note 4 PRE-SIMUITRON (Verification of Product FUCITRON): 5 weeks: D-DAY 5 weeks from the date of completion of approval: D-D-SIMUALOOOTRN (Performance Test of Products): D-AY 6 weeks: D-DUT 8 note 6 weeks: D-D-DAY 9 note 17: Delivery date of Product delivery: D-DAY 20 weeks from the date of approval of Product delivery;

1. The total amount of development costs for products shall be KRW 530 million (Additional dues separately), and 2950 million among them shall be borne by the Plaintiff, and 2350 million won by the Defendant, respectively.

2. The Defendant shall pay to the Plaintiff the development cost of KRW 235 million under paragraph 1 (1) in cash as follows:

1. 47 million won shall be paid within 30 days from the date of conclusion of this contract.

(2) The amount of KRW 94 million shall be paid within 30 days from the completion date of approval of the POST-SIMFN.

(3) 94 million won shall be paid within 30 days from the completion date of approval of a prototype.

Article 6 (Change of Development)

1. Where, after the Defendant completed the design and delivered the data base to the Plaintiff, the Defendant’s design or the MASK needs to be modified due to the improvement of the characteristics of the product or other reasons, the Defendant Company must request the Plaintiff in writing.

In such cases, the plaintiff may extend the delivery date of a prototype for a period necessary for revision.

Article 8 (Approval of Pilot Products)

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