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(영문) 서울중앙지방법원 2019.01.25 2018나37238

계약금반환 등

Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim as to the above cancellation part is dismissed.

Reasons

1. Basic facts

A. On August 30, 2016, the Plaintiff entered into a contract for production, etc. (hereinafter “instant contract”) with the Defendant, who is engaged in advertising and software development business in the name of “C” (hereinafter “C”), and entered into a contract for D production, etc. (hereinafter “instant contract”), and the Plaintiff transferred the down payment of KRW 2,000,000 to the Defendant on the same day.

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

Not more than one month including the planning/design D-Class D and the planning/design, for the detailed implementation period of the proposal, a period of up to 1,500,000 won for the analysis of the upper enjoyion of the names of goods and for the interviewing, as well as for the analysis of the names of goods, a period of up to 300,000 won for 30,000 won for the analysis of the names of goods and for the interviewing.

Terms and conditions of contract 200,000 won 2,000,000 won 3,000,000,000,000 for the planning/design Terms and Conditions of General P/Design E-Common Education D for the purpose of improving customer management and sales

2. Price payment method: 2,00,000 won when a contract is concluded, 2,000,000 won when the contract proceeds more than 50%, 25 kinds of paper paper and 1,000,000 won when the data is received and transferred, and 1,00,000,000 won when all data are received and transferred.

3. Matters to be modified: To be modified three times in total; and

4. Work period: Within 45 days after data is received.

C. The Defendant opened D, completed Dmer screen, category design, and composition, and provided KIKO/products analysis for upper exposure and interviewing.

Since then, at the request of the plaintiff, the defendant produced Class 11 of the Flusium page in excess of the quantity stipulated in the contract of this case, and made the general page.