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(영문) 서울중앙지방법원 2019.11.06 2019나15914

손해배상(기)

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. The total cost of a lawsuit shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the representative of an individual company of “F”, who conducts the production business of “E Games” (hereinafter “the instant game”) selected as the subject of support by C’s “D Business”).

B. On September 27, 2017, the Plaintiff concluded a service contract with the Defendant for the purpose of “development and realization of technology for the E Game” (contract amounting to KRW 6,00,000,000, contract term from September 27, 2017 to November 27, 2017).

(hereinafter “instant contract”). Article 2 (Execution of Project) The Defendant shall perform the instant contract within the extent of the contract amount in accordance with the separate order of business operation.

Article 3 (Prohibition of Substitute Payment) (1) The plaintiff shall, at the defendant's request, pay project costs to be borne by the plaintiff as follows:

Provided, That where a contract has been terminated pursuant to Article 7, it may be changed.

1. Payment of KRW 2,00,000 within October 28, 2017;

2. Payment of KRW 2,00,000 within November 28, 2017;

3. Any balance after completion of the service business (verification of the tally report after submitting the results report) 2,00,000 won, which is paid within December 11, 2017;

4. Article 4 (Submission of Report) (1) The defendant shall submit to the plaintiff a report on the results of the business, along with the service results, as follows.

1. A report stating the procedure and method for providing services;

2. Evidential photographs (2) The plaintiff may, after evaluating and reviewing the reports under the subparagraphs of paragraph (1), request supplementation or corrective measures, and the defendant shall be liable to supplement them.

In such cases, the payment of the price shall be implemented after the final review of the service result and the result report.

Article 7 (Cancellation of Contracts) (1) The "service provider" may cancel this contract in any of the following cases:

1. When the “service provider” violates the contract provisions;

2. When it is deemed that there is no possibility to complete the service within the prescribed period due to the neglect of "service provider";

3.The rights and obligations under this Agreement to a third party without prior approval of the "service provider".