(영문) 서울중앙지방법원 2016.04.06 2015가합546423

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(영문) 서울중앙지방법원 2016.04.06 2015가합546423

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company aimed at providing research and development services on electronic communications and related business affairs. The Defendant is a company engaged in the manufacturing of sound equipment and electronic equipment. 2) The Defendant was planning to develop and supply solarphone-based smartphones as requested by the Nonparty Company (hereinafter “Nonindicted Company”).

3) In order to develop smartphones to supply to the non-party company, the Defendant shall enter into a contract for the development and supply of goods described in the following B (hereinafter “instant goods development and supply contract”).

(B) The Defendant concluded a contract for the supply of goods. If the Defendant provided the Plaintiff with the product design and UI, the Plaintiff developed and produced the product design and the product under the application of UI provided by the Defendant, and supplied it to the Plaintiff, and the Plaintiff supplied the Plaintiff with the smartphone developed and produced as above in accordance with the contract for the development and supply of the device on December 6, 2010 with the non-party company. (B) On January 18, 2011, the Plaintiff and the Defendant entered into the instant contract for the development and supply of the instant goods for the development of the safe-based smartphone (hereinafter “instant smartphone”).

2. (1) According to Article 2 of the Agreement on the Development and Supply of Goods, the Plaintiff developed the instant smartphones under its own cost and responsibility according to the terms and conditions and specifications set forth in this Agreement, and set the specific details of the development schedule, specific specifications, performance, etc. of the products as a separate document, and the Plaintiff and the Defendant may modify the development schedule, specifications, performance, etc. of the products as a separate document by a written agreement.

② In this regard, at the request of the non-party company, the defendant changes the life or death.

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