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(영문) 서울남부지방법원 2014.01.15 2012가단57594

손해배상

Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. Of the costs of lawsuit.

Reasons

1. Basic facts

A. On March 19, 2012, the Defendant entered into a contract for product development (hereinafter “instant development work”) with DMC (hereinafter “DM”) to receive KRW 1,375,000,000 (including value-added tax) as remuneration.

B. On May 2, 2012, the Plaintiff entered into a service contract (hereinafter “instant service contract”) with the Defendant to receive KRW 184,800,000 (including value-added tax) with respect to the instant development work, by performing the business of developing the CF mobile/DD CC products (Lacy interconnection development) as remuneration, and the contract deposit was to be 10% of the total contract amount (hereinafter “instant service contract”).

C. The special terms and conditions, which are part of the instant service contract, include the following:

Article 4 (Adjustment of Services) The defendant may, in consultation with the plaintiff, modify the period of this service, content of the service, contract amount, etc. in order to smoothly perform the contracted services.

Article 6 (Change of Contract Amount Due to Change of Details of Overwork) (1) In cases of increase or decrease of services due to a change in details of work due to the ordering person or the defendant's reasons, the defendant shall decide to adjust the contract amount concerned within 30 days after consultation

(6) Where no agreement has been reached between the plaintiff and the defendant due to changes in the details of the task, the plaintiff or the defendant may rescind or terminate all or part of the contract.

7. Where a contract is rescinded or terminated pursuant to the preceding paragraph, the plaintiff shall deliver all data related to the contract to the defendant, and shall faithfully perform the duty of takeover and takeover to the third party. If the plaintiff neglects or refuses it, the amount equivalent to the contract bond deposited by the plaintiff to the defendant.