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(영문) 서울북부지방법원 2016.08.23 2014가단50415

지체상금등

Text

1. The Defendant’s KRW 10,000,000 as well as annual 5% from December 31, 2014 to August 23, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On August 12, 2013, the Plaintiff entered into a service contract with the Defendant for the establishment of a B auction portal site (hereinafter “instant portal site”) with the following content (hereinafter “instant service contract”).

Article 3 (Contract Amount and Method of Payment) (1) The total contract deposit shall be 23.4 million won per day.

Article 7 (Supply of Goods) The defendant shall complete the supply of the goods of the plaintiff to the place designated by the plaintiff within 60 days after the main date of the note and the sub-insation of the main date of the note.

Therefore, the work of the main design, the sub-design, and the basic design to be reflected in the program should be excluded from the development period.

In addition, in the calculation of the period, the normal working period of five days per week shall be determined by the number of days, and the weekend and holidays shall be excluded from the calculation of the period.

Article 8 (Guarantee of Defects) (1) The period of maintenance and repair of defects in this service shall be determined within 12 months from the date the inspection is completed.

(3) Where the payment period has been delayed due to causes other than those of war, riot, flood, etc., the defendant shall pay in cash the amount calculated by multiplying the contract price by the rate for liquidated damages (5/100) for each number of days of delay.

④ If the Plaintiff acknowledges that the responsibility for delay in the performance of the project is not attributable to the Defendant, the Plaintiff shall not insert the pertinent number of days in the number of delayed days under the above paragraph (1)

Article 9 (Termination of and Adjustment to Schedules for Development) (4) Where it is impossible to meet the schedule specified in this Agreement due to a change in the scope of development, addition of functional design, etc., a schedule of development may be adjusted under mutual consultation, and where there is no confirmation of a document for adjustment mutually consulted due to additional development, modification, etc. other than the initially discussed contents, a schedule of development shall be deemed postponed at a normal level when it is impossible to

B. On August 15, 2013, the Plaintiff remitted KRW 23.4 million to the account under the name of the Defendant representative director, and on August 26, 2013.