손해배상금등 청구의 소
1. The Defendant (Counterclaim Plaintiff) pays KRW 10,069,200 to the Plaintiff (Counterclaim Defendant).
2. The remainder of the plaintiff (Counterclaim defendant).
1. Fact-finding;
A. On April 15, 2013, the Defendant entered into a “A national web site development project agreement” (instant contract) with the Plaintiff.
The above contract was concluded by the defendant to contract the development of the web site to the plaintiff, and the contract amount was 66 million won (including value-added tax) and the contract term was from April 15, 2013 to July 15, 2013.
The defendant paid 24 million won in advance.
B. While the Plaintiff was developing under the instant contract, the Defendant demanded a broad revision on July 1, 2013 and September 25, 2013, respectively.
The contents of the request for revision were mainly about the design of the web site.
On November 14, 2013, while the plaintiff was developing upon the request for revision, the defendant notified the cancellation of the contract of this case on November 14, 2013.
C. Until the time of the Plaintiff, the level of the progress of the web site development services was 51.62%.
The above web site of the defendant developed by the plaintiff was implemented with basic functions according to the terms of the contract of this case, and some deficiencies, such as the composition, knowledge, and screen design, were insufficient, but this constitutes a matter that can proceed by the plaintiff, who is the developer, has to cooperate with the defendant, who is the ordering place.
In addition to the design of the web site at which the Defendant was at issue, it was produced according to the terms of the instant contract.
As such, on December 20, 2013, the Plaintiff filed the instant lawsuit seeking payment of service costs or damages upon termination of the instant contract, and liquidated damages as stipulated in the instant contract.
The Defendant filed the instant counterclaim seeking return of the advance payment of KRW 24 million following the rescission of the instant contract, and liquidated damages for delay as stipulated in the instant contract.
E. Article 7 subparag. 5 of the contract of this case (Evidence A) is based on the defendant's circumstances.