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(영문) 서울중앙지방법원 2017.04.28 2015가합577199

손해배상(기)

Text

1. The Defendant’s KRW 102,57,500 as well as the annual rate of KRW 5% from December 25, 2015 to April 28, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that implements the development of the website and SI business, and the Defendant is a company that develops and supplies software, etc.

The Plaintiff participated in the primary business of the Samsung Seoul Hospital’s “Ssung Seoul Hospital Online Channels 2.0 Advancement, SPC website New EPC website, and patient explanation Domina,” and participated in the secondary business of the instant project that began from April 2015.

B. On March 20, 2015, the Plaintiff made an oral agreement to the Defendant on March 20, 2015, on a subcontract with KRW 93,500,000, which is a part of the instant secondary business. The Defendant started work prior to April 1, 2015 in accordance with the oral agreement, but did not work on May 20, 2015, and on July 20, 2015 (hereinafter “instant agreement”).

On July 24, 2015, the Plaintiff concluded a contract, and paid KRW 70,500,000 to the Defendant as advance payment. The name of the contract: Samsung Seoul Hospital SPC Port Co., Ltd. and Tury Development Services (hereinafter “instant software”).

- Contract Amount: 141,00,000 won (including value added tax) - Contract Period: from April 1, 2015 to June 30, 2015 (the alteration from August 31, 2015): - Payment Terms: Amount (including value added tax) 70,500,000 won (including the second time) : The balance (including the second time) 70,500,000 won after the completion of the examination, and the due date after the issuance of the tax invoice; if the payment date falls on a holiday, it shall be paid on the following business day. - The payment rate shall be 2.5/100 of the down payment per day (including the due date from September 1, 2015 to June 31, 2015) - The interim report on the completion of the examination and delivery shall be made by the Plaintiff as the first day to June 1, 2015; hereinafter “the interim report on the completion of the examination and delivery” shall be made as “the Plaintiff 5.”