원상회복등
1. The Defendant (Counterclaim Plaintiff) paid KRW 36,960,000 to the Plaintiff (Counterclaim Defendant) and its related amount from November 10, 2017 to July 20, 2018.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff, as a specialized distribution company of automobile parts, entrusted the Defendant, who operates the company with the mutual intent of “C”, with the following functions, to manage the management process, such as in-house sales, logistics, inventory, shipment, finance, purchase, and inventory of the Plaintiff’s company, by integrating and managing the management process, including the Plaintiff’s internal sales, distribution, inventory, delivery, finance, purchase, and inventory, and to share information generated by the company and assist in creating new information and creating new information efficiently (the Plaintiff’s trade name is named “D system”; hereinafter “instant system”).
B. Accordingly, on June 3, 2015, the Plaintiff and the Defendant concluded a contract for the development of the instant system and the Plaintiff’s website (value added tax of KRW 48,00,000 (value added tax of KRW 44,00,000 on the instant system, KRW 44,00,00 on the website, KRW 4,000 on the website, and KRW 14,400,000 on the contract date, KRW 9,60,000 on the first intermediate payment of KRW 9,60,00 on the contract date, KRW 20 on the first intermediate payment of KRW 9,60 on the completion of the design, KRW 9,60,00 on the second intermediate payment of KRW 9,60 on July 3, 2015 (20%) with the limit of KRW 14,400,00 on the completion of examination at the end of February 2, 2015 (hereinafter “instant contract”).
C. On June 23, 2015, the Defendant completed the Plaintiff’s creation on the Plaintiff’s website according to the contract under the foregoing Paragraph (b), and delivered a manual for the instant system to the Plaintiff on November 5, 2015, and delivered the instant system on December 20, 2015.
On June 30, 2015, the Plaintiff paid the Defendant KRW 15,840,00 as the above contract price, KRW 10,560,00 on July 31, 2015, and KRW 10,560,00 on March 31, 2016, respectively.
E. On May 8, 2017 and May 12, 2017, the Plaintiff expressed to the Defendant an intention to cancel the instant contract on the grounds that the Defendant’s instant contract was unable to perform his/her obligation under the instant contract due to the defect in which the repair of the instant system was impossible, and the said declaration of intention was around that time.