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(영문) 인천지방법원 2017.11.16 2017나52316

용역대금반환 등

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

Facts of recognition

On February 13, 2016, the Plaintiff operating C company concluded the following program development agreement with the Defendant (hereinafter “instant agreement”) and paid 2,250,000 won down payment to the Defendant.

The contract terms C(hereinafter referred to as “A”) and the Defendant (hereinafter referred to as “B”) enter into a contract for production and installation in order to build a program on the basis of the principle of mutual trust and good faith as follows:

1. Outline of the contract: Amount of the contract for the NAT production 2: NAT separate 50,000 won per day (e.g. 4,500,000): 50% of the retainer and the remainder 50% (the remainder shall be paid after being provided) of Article 3 (Contract Period) of the NAR production and installation agreement shall be from February 13, 2016 to March 14, 2016, and if there is a written agreement with A and B, the contract period shall be extended or reduced by the period specified in the written agreement, and this contract term shall remain effective until the new period specified in the written agreement.

Article 9 (Payment for Services)

1. A shall pay the following amounts to B in return for a service:

Payment Terms: A shall pay the contract price to B in installments as follows:

Advance Payment: 50% Deposit Balance within three days from the 50% contract date: 50% from the date of completion of production to the relevant source within one week from the date of completion of production, and deposit after receipt of the relevant source (Termination of Contract A)

1. If it is deemed that Party A fails to perform a contractual obligation corresponding to a serious breach of this contract, Party B may request Party B to correct it in writing with the reason specified;

2.A may notify B of the termination of a contract if B does not respond appropriately to or take corrective action within seven days from the date on which A requested correction pursuant to paragraph 1 of this Article.

Since then, as the performance of contract was delayed, the defendant sent the following e-mail to the plaintiff in relation to compensation for damage.