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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. On March 2015, the Defendant decided to produce smartphone radio shock (SWP-T100; hereinafter “instant product”) jointly with Samsung Electricity Co., Ltd. (hereinafter “TW-T100”), and if the Defendant manufactures the external mold of the instant product and supplies it to Samsung Electricity, Samsung Electricity re-issued it to the Defendant after assembling the circuit board in its mold and quality examination, and then distributed it to the consumers by packing it.
B. On May 2015, the Defendant entered into a production consignment agreement with the Plaintiff (hereinafter “instant contract”) and entrusted the Plaintiff with the production of part of the manufacturing process of the instant product.
The content of the instant contract was that the Defendant provided the Plaintiff with the design of the outer mold of the instant product, and the Plaintiff was supplied with KRW 1,645.4 won per upper part of the outer mold, KRW 712.2 won per unit, KRW 234 per unit, and KRW 2,591.6 per unit, in total, of KRW 1,64 per unit, by selling plastic products as a design.
C. The Plaintiff supplied the Defendant with 22,218 external mold of the instant product, and Samsung Electricity installed a circuit of the instant product, and distributed the instant product to the market after packing the instant product, and Samsung Electricity requested suspension of the manufacture of the instant product on June 25, 2015.
The Defendant refused not only the Defendant’s demand to suspend the manufacture of Samsung Electricity, but also the relevant subcontractors. However, Samsung Electricity refused to assemble on June 26, 2015 the circuit board assembly and release of the instant product, refused to use the logo of Samsung Electricity entering the external shape of the instant product, and requested to recover the instant product that entered the Samsung Electricity market and entered the market, thereby suspending the manufacture of the instant product.
Samsung Electric unilaterally suspended the manufacture of the product of this case.