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(영문) 서울중앙지방법원 2019.10.10 2017가합585446

용역비

Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 313,50,000 and the Plaintiff’s 221,10,000 among them, the Defendant (Counterclaim Defendant)’s KRW 313,50,000 on December 12, 2016.

Reasons

(a)dozine together with a counterclaim;

1. Facts of recognition;

A. The Plaintiff is a company engaged in the development, consultation, sale, export and import of software, and the Defendant is a company engaged in the development, supply, etc. of software.

B. On July 20, 2016, the Plaintiff entered into a “D” service contract with the Defendant for the development and establishment of the Internet shopping mall site based on the C market.

(hereinafter “instant service contract”). The main contents of the instant service contract are as follows.

30,000,000 won of the contract amount from July 20, 2016 to November 30, 2016 of the terms and conditions of the software development contract, and the contract deposit for the service payment by value added tax: Payment by 30% of the total contract amount of KRW 105,000,000 within 20 days after the conclusion of the contract: The intermediate payment by 30% of the total contract amount of KRW 105,00,000 on the 25th of the following month after the completion of design: 40% of the total contract amount of KRW 140,000,000 on the 25th of the following month: After completion of examination, the 140% of the total contract amount of KRW 1,5,100,000 on the 25th of the following month after completion of the examination; and

(2) Article 2(1) of the Act provides that “The period for performing duties under Article 2(1) shall be from July 20, 2016 to November 30, 2016; 2) “B” shall complete D until November 30, 2016; and relevant detailed objects development shall be governed by the schedule set out in the separate scope of duties.

3) The requirements in excess of the scope of separate work performance shall proceed under an additional contract through a separate consultation, and the interpretation and progress of the details of the scope of work performance shall proceed through mutual consultation. In the event that Article 4 (Compensation for Delay) (1) has not been supplied to the scheduled date for delivery due to intention or negligence of Article 4 (Compensation for Delay) (1), A may claim for delay compensation equivalent to 1.5/100 of the total daily contract amount per delay day.

Article 5(1) The total contract amount shall be KRW 350,000,000 (Additional Tax). (2)