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(영문) 서울중앙지방법원 2020.02.18 2019나44004 (1)

계약금 반환

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

1. Basic facts

A. On April 23, 2018, the Plaintiff, with the trade name of “C”, entered into a web site construction agreement with the Defendant with the following content.

(‘A’ refers to the Plaintiff, “B” refers to the Defendant; hereinafter “instant contract”). Contract amount: Amount of KRW 9,800,000 per day (VA. Map): Contract deposit amount of KRW 4,900,000: The development period immediately after the completion of the contract: The date of delivery on April 23, 2018 or May 23, 2018: Article 3 (Development Scope of Services) (Consultation possible)

1. B shall be the scope of a basic service contract for the matters falling under each of the subparagraphs;

Article 5(Inspection and Delivery) of the Hangul mobile website (Mere, Dob 15P Design and Bloreing/ Customer Management and Cloreing) Mobing

1. A may request B to revise any matter that has been promoted differently from the contractual terms in the course of inspection and verification, and B shall revise it and undergo re-examination;

2. A shall notify the results of re-examination within 10 days of service, and shall be deemed to have passed the verification at the expiration of this period.

3. Where the performance of this task has been delayed due to the circumstances of Gap, Gap shall not ask Eul for the overdue responsibility for the relevant period with respect to the outcome.

At this time, A and B shall adjust the re-supply period after consultation.

Article 10 (Termination of Contracts)

1. Where Eul violates or unconscientiously performs the obligations prescribed in this contract, Gap may request correction or improvement, and where no correction or improvement measure exists within two days from the date of request for correction or improvement, the other party may cancel or terminate the contract by notification by signature;

3. If the contract is terminated, Eul may claim the cost of the work in accordance with the ongoing volume, and work based on the down payment, intermediate payment and balance falling under any of the subparagraphs.