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(영문) 서울중앙지방법원 2020.10.16 2019가단5136075

손해배상(기)

Text

The defendant shall pay 11,50,000 won to the plaintiff and 6% per annum from June 25, 2019 to October 16, 2020 and the next day.

Reasons

1. Written estimate of the facts of recognition;

A. On January 22, 2019, the Plaintiff entered into a contract for the development of the block chain (hereinafter “instant contract”) with the Defendant.

At the time of conclusion of the instant contract, each of the main contents of the quotation and the contract made between the Plaintiff and the Defendant, as follows.

The name of the contract: (1) Scope of development costs and development of C-Purchase System: (1) - 38,500,000 (vat Map 2): The scope of development: design (stour) standards - the definition of development scope technology - design (stour: the method of payment from January 22, 2019 to January 2019: 1) advance payment (contract deposit) 30%/ intermediate payment (contract deposit) 30% balance / 40% balance / 50% balance 2) advance payment (contract deposit) 50% (general provisions)

2. This contract is a contract for the provision of development, maintenance and repair to the Plaintiff of the Plaintiff’s C block chain month (hereinafter “C”).

Article 4 (Contract and Contents) The terms and conditions of this Agreement shall be governed by the contents presented in writing before and after the contract, and the contents to be performed by the defendant during the contract and the completion schedule by process shall be presented to the plaintiff for the portion not specifically determined, and the defendant shall faithfully comply with them.

Article 10 (Non-performance of Liability and Termination of Contracts) If the defendant falls under any of the following subparagraphs, the contract may be terminated in whole or in part by notification of the plaintiff:

- Where, without good cause, unilaterally fails to comply with this Agreement - if the Plaintiff’s request for work report is not complied with, without reason, a cause for dissolution, suspension of operation or suspension of business of any other defendant - is disclosed or used to a third party during the development schedule;

2. On the premise of the contract, if this contract is terminated earlier, the work performance portion corresponding to the applicable date shall be settled and automatically terminated by the number of days.

Article 11 (Compensation for Damages) Both parties shall become the contractor for the following reasons: