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(영문) 서울중앙지방법원 2015.08.27 2014가단261414

손해배상(기)

Text

1. The Defendant: (a) KRW 22,900,000 for the Plaintiff and 5% per annum from December 31, 2014 to August 27, 2015.

Reasons

1. Basic facts

A. On September 5, 2013, the Plaintiff entered into a contract with the Defendant for a project for building a multi language website (hereinafter “instant contract”) with the following content, and paid the down payment of KRW 16,50,000 (including value-added tax 1,50,000) to the Defendant on September 6, 2013.

- Total amount of production: 50,000,000 won (excluding value-added tax) - method of paying the manufacturing amount. (1) Method of paying down payment: 30% (15,000,000 won): 2. After 8 weeks ( October 31, 2014): 40% (20,000,000 won): Provided, That the development progress rate of the project exceeds 50%.

(3) When a contract is completed: 30% (15,00,000 won): Contract period: From September 5, 2013 to February 13, 2014 (excluding holidays and holidays): - Definition of terms (Article 2): The term “project definition” refers to a detailed statement (which consists of a project development outline and site map) that the Plaintiff and the Defendant determine the overall development content and development scope of the project at the time of the contract, and the term “the completion of the project production” refers to the submission to the Plaintiff of the results or results of the examination of the output (the result of the service provided by the Defendant to the Plaintiff within the contract period) and the connection with the domain or outcome thereof.

The term "Planning" means the final screen planning plan and the final site road map agreed upon by the plaintiff at the planning stage after concluding a contract based on the project definition document.

The term "tallying" means the final inspection and testing of products by the plaintiff in order to complete the production of a project.

- The method of project production and the burden of additional cost-sharing (Article 5): The defendant must submit to the plaintiff a specific draft plan (the planning and justice note) with the plaintiff's terms and conditions of the contract and the data submitted within the planning period ( maximum of 1/2 of the total project period), and obtain the consent thereto.

- Extension of the contract period (Article 7): If there are matters such as additional expansion and development, design addition, etc. in the course of performing the project at the request of the plaintiff, the plaintiff and the defendant shall consult about the additional costs and periods.