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(영문) 서울남부지방법원 2014.11.20 2014가단11189

용역비

Text

1. Defendant B Co., Ltd.: KRW 77,017,803 and the Plaintiff

(a) From June 30, 2013 to KRW 30,000 among them.

Reasons

1. Basic facts

A. On March 26, 2013, the Plaintiff entered into the following contracts (hereinafter “instant contracts”) with Defendant B Co., Ltd. (hereinafter “Defendant B”).

(1) The Plaintiff developed a smartphone display (hereinafter referred to as “D”) with the name of “D” and supplies it to Defendant B until April 15, 2013, and provides the operation and maintenance services related to “D” from April 16, 2013 to April 15, 2015.

(2) Defendant B shall be paid KRW 30 million to the Plaintiff with the supply price of D, on condition that Defendant B shall pay KRW 20 million up to March 29, 2013 and KRW 10 million up to April 15, 2013.

(3) Defendant B shall pay in advance the amount of KRW 5 million each month from April 30, 2013 to the cost for the operation, maintenance and repair services provided by the Plaintiff.

B. On April 30, 2013, the Plaintiff produced “D” and completed the supply to Defendant B.

C. The Plaintiff provided Defendant B with server operation and maintenance services from April 30, 2013 to January 30, 2014.

Meanwhile, around April 3, 2013, the Plaintiff’s representative E requested that Defendant C who was a director of Defendant B, and Defendant B pay the Plaintiff the amount of KRW 20 million to the Plaintiff until March 29, 2013. Accordingly, Defendant C prepared and delivered to the Plaintiff a letter of payment that “Defendant C shall pay KRW 20,000,000 to the Plaintiff by April 15, 2013,” which states that “The Plaintiff shall pay KRW 20,000,000 to the Plaintiff by April 15, 2013.”

[Ground of recognition] Each entry of Gap evidence 1, 2, and 6 (including a serial number, if any) and the whole purport of the pleading

2. Determination as to the claim against the defendant B

A. According to the above facts, Defendant B shall be the Plaintiff’s total sum of KRW 30 million for D supply and KRW 45 million for server operation, maintenance, and repair for nine months, and damages for delay on the above amount: (a) through (b) below; and (c) the amount of money in paragraphs (1) through (2) below.