개발대금반환 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is a corporation that develops and sells software programs, and the Defendant is a corporation that engages in software development and supply business.
B. On March 26, 2015, the Plaintiff and the Defendant concluded a service contract for the development of SNS-based SNS (hereinafter “instant contract”) with the amount of KRW 50 million from the account of the Plaintiff’s representative director C to the Defendant’s account on April 8, 2015, and the Plaintiff issued a tax invoice of KRW 27,50,000,000 from June 10, 2015 to the Defendant’s account, with the payment of KRW 50,000,000,000 within 10 days after the conclusion of the contract, and the balance of KRW 50,000,000,000,000,000 from March 26, 2015 to July 30, 2015.
The main contents of the contract in this case are not assigned to a third party except for the purpose of performing the service (Article 6(1)), and where the contracting party intends to transfer the rights and obligations, he/she shall obtain prior written approval from the contracting officer (Article 6(2)), and where the contracting officer does not approve a written request from the contracting party for the transfer of the rights and obligations of the contracting party under paragraph (2) on the ground that it does not fall under the purpose of performing the contract, he/she shall notify the contracting party and the person who intends to take over the rights and obligations of the reason in writing.
(Article VI(3)(A) if an appeal is made under Article VI(3) and it is deemed that the service is not or is not likely to be completed by the due date for the performance of the service due to any cause attributable to the other party, the contract may be terminated if it is transferred without approval from the person in charge of the contract.
(Article 15(1)2 and 6).
C. On March 26, 2015, the Plaintiff and the Defendant entered into a confidentiality agreement (hereinafter “instant confidentiality agreement”).
The main contents are provided by the other party.