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(영문) 서울중앙지방법원 2018.08.29 2017나13570

기타(금전)

Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. In the trade name of “D”, the Plaintiff received orders from the general consumers and delivered them to the relevant restaurant, and provided services from the relevant restaurant and delivered them to the general consumers who ordered the use of food materials and Lescops, thereby raising the fee revenue. The Defendants are married with “E” in the trade name of “E”.

B. On June 15, 2016, the Plaintiff requested the Defendants to provide design development services for the performance of the business, and the matters related to the instant case are as follows.

(3) The term “D” refers to the term “D” (excluding value-added tax) contract period: KRW 31,200,000 (excluding value-added tax) contract period: Article 1(1) of the Act provides for the rights, obligations, and other necessary matters of the Plaintiff and the Defendants when entrusting the Defendants with the design planning designated by the Plaintiff, and the scope thereof is referred to in the attached Table 1 through 6.

Article 2 (Scope of Services) The Defendants shall undertake design and development suitable for the content of the development of services designated by the Plaintiff, produce design outcomes and deliver them for the period of contract.

(Attachment 1 through 6). Article 3 (Delivery and Inspection) (1) The Defendants shall provide the Plaintiff with the results of the development of services as specified in the contract.

② The Plaintiff is deemed to have conducted an examination by granting the final corrective approval with respect to the design outcomes provided by the Defendants.

Article 6 (Payment of Price) (1) The Plaintiff shall pay the Defendants a down payment of KRW 15,600,000 (excluding value-added tax) with the commencement of the contract.

(2) The down payment.