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(영문) 서울중앙지방법원 2018.05.29 2016가단5081747

기타(금전)

Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. Of the costs of lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On October 23, 2015, the Plaintiff (a company established for the purpose of technology transfer, consulting, etc. related to gram development) entered into a contract with the Defendant for the provision of “B” services (hereinafter “instant contract”) related to the instant program (hereinafter “instant service”).

B. The main contents of the instant contract are as follows.

Article 3 (Scope of Development and Products Products) (1) The scope of the plaintiff's development work shall be as follows:

- Total scenario production - Total design work - Anthrod Hybrid app programming - Service Operators and corporations' large amount use, web page programming for service introduction ② The detailed content by each service law level is limited to the content agreed upon at the first stage of the planning and, if the consulted content is deemed to be inappropriate within the development period, it may be subject to separate consultation to calculate the adjustment or additional cost.

(3) The plaintiff shall submit the following output to the defendant:

- Design PSD files - For the period of development under Article 4 of the file made in compliance with this Agreement, the period of development under this Agreement shall be October 19, 2015 to February 29, 2016.

(2) A detailed development period may be determined after consultation with working persons.

Article 5 (Supply and Inspection (1) The plaintiff shall submit the developed product to the defendant according to the schedule set during the development period.

Provided, That if the development plan or schedule of the defendant is modified during the development period, the date of submission may be adjusted through consultation between the plaintiff and the defendant.

(2) The defendant shall examine the details of development within five days after submitting the development products submitted by the plaintiff, and approve them orally and in writing when there is no problem. In such cases, it shall be deemed the time the relevant stage is completed.

Provided, That if the defendant did not notify the approval or non-approval within five days from the date of receipt of the development result, the development result shall be approved.