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(영문) 서울중앙지방법원 2014.06.25 2013가합511126
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 25, 2011, the Defendant: (a) requested the Korea Public Design Area Support Foundation (hereinafter “Public Design Foundation”) to provide services, such as “the development of a capsul-type coffee design, the development of a new capsul-type coffee design, and consulting related to machine development and production using a new capsul-type design.”

B. On June 201, the Plaintiff started to develop a capsul-type coffee, a design presented by the Public Design Foundation A, upon receiving a request from the public design foundation A to proceed with the development of a capsul-type coffee, which the Defendant requested.

C. On August 24, 2011, the Plaintiff and the Defendant: (a) entered into and invalidated a business partnership agreement; and (b) entered into a new business partnership agreement on September 5, 201 (hereinafter “instant business partnership agreement”); and (c) the main contents of the instant case are as follows.

Article 2 (Roles and Obligations of Parties) (1) In this business partnership, the roles of each Party shall be as follows, and the expenses incurred in performing their respective roles shall be borne by each party concerned:

【Roles of Defendant】

2. The Defendant shall develop the design, prepare the detailed requirements for technical development, and request the Plaintiff to develop the design.

【Roles of Plaintiff】

1. The Plaintiff, upon adopting the design and technology required by the Defendant, shall develop the dys of coffees, shapes, and products and make finished products.

2. The plaintiff shall submit the completed product to the defendant to obtain final approval as to whether the product satisfies the quality standards, and shall prepare and submit all technical data, including the description of technical implementation related to the development of the product, to the defendant.

3. The Parties shall complete development by October 10, 201 and promote joint development of the instant products with sufficient consultation, by setting out a schedule, etc., for the joint development of the products, and the products are in bulk and in quantity.

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