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(영문) 울산지방법원 2018.01.10 2017가합21486
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a person who has engaged in the design business of shipbuilding with the trade name called D from February 28, 2012.

E technology possessed by the Plaintiff (hereinafter “instant technology”) falls under the industrial technology provided for in Articles 2 and 14-3 of the Act on Prevention of Divulgence and Protection of Industrial Technology, Article 19-2(1) of the Enforcement Decree of the same Act and Article 4-4 of the Enforcement Rule of the same Act.

B. On April 29, 2014, Defendant B Co., Ltd. (hereinafter “Defendant B”) specified the F Design Service Period from June 2, 2014 to December 31, 2014, and contracted to the Plaintiff as KRW 200,000,000.

(hereinafter “instant 1 contract”). The main contents of the instant 1 contract are as follows:

Design Service Basic Contract

1. Design service name: Article 3 of the General Terms and Conditions of Design Service (Contract Documents);

1. A contract shall consist of a basic contract for design service, general terms and conditions, and design service contract and shall have the effect of mutually complementary documents, and it shall take effect when both the plaintiff and the defendant B affix their seals.

Provided, That matters not specified in the terms of this Agreement shall correspond to general commercial practices.

Article 4 (Scope of Services)

1. The Plaintiff must perform design services in accordance with the design specifications, reference drawings, accompanying drawings, and service drawings provided by Defendant B.

Provided, That if there is a request for the modification of the specifications and reference drawings provided by Defendant B, the Plaintiff inevitably determines the relevant matters as an official document and reflect it by mutual consent.

2. Where adjustment of design services is necessary to facilitate the relevant design work, Defendant B may modify the term of this design service, scope of service, requested matters, contract amount, etc. in consultation with the Plaintiff, and the Plaintiff must perform design services by reflecting the modified matters.

Article 6 (Place and Conditions of Performance of Services)

2. The request of Defendant B is made.

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