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(영문) 서울중앙지방법원 2015.04.07 2013가합515685

용역비

Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 245,353,505 and its KRW 49,876,200 among them, the Defendant (Counterclaim Defendant) shall have the effect on February 23, 2013.

Reasons

1. Facts of recognition;

A. The status of the parties is that the Plaintiff is engaged in business, such as software development and the establishment of a website with the trade name “B,” and the Defendant is an advertising agency and marketing company.

B. 1) The Plaintiff is the Defendant’s Shepher part of the contract (hereinafter “Npher part of the contract”).

(2) On November 28, 2012, the Plaintiff consulted with the Defendant on the scope of the performance of duties and the conclusion of contracts with respect to the construction of online shopping mall exclusively for employees of the two mountain groups, including web/bront-end website (Korean language/English/Dupl) and the web screen (rogs, text screen, etc.) appearing on the user’s computer. and Bak-end website refers to the remainder other than Fron-end-end, and the part supporting Fron-end-end, such as the site manager’s management screen or the internal linkage of the program. On September 3, 2012, the Plaintiff agreed on the scope of the performance of duties and the conclusion of contracts with the Defendant from September 28, 2012 to January 31, 2013, the Plaintiff agreed not to enter into the contract with the Defendant, including the contract amount of KRW 24,00,000, value-added tax (hereinafter the same shall apply).

3) Article 2 (Scope of Contracts) of the main contents of the instant contract

2. The specific scope of “project” is set out in [Attachment 2 - Detailed Statement of Construction Functions].

3. The “B” (Plaintiff) may request the “A” (Defendant) to adjust the contract period and the contract amount on the basis of a detailed statement of the primary construction function.

In this case, “A” may enter into a contract with “B” by adjusting the scope of the contract instead of adjusting the contract term and the contract amount.

4. This is due to a substantial gap between the initial contract period and the contract amount after the detailed statement of the primary construction function was made.