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(영문) 서울중앙지방법원 2019.08.21 2017가단5090540

부당이득금

Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is 22,450.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On August 16, 2016, the Plaintiff entered into a contract for the establishment of a Cintegrated shopping mall (hereinafter “instant establishment contract”) with C Co., Ltd. (hereinafter “C”) on the terms of “5,000,000 won (excluding value-added tax; hereinafter the same shall apply),” “from August 16, 2016 to March 15, 2017”, “the payment period from August 16, 2016 to March 16, 2017”; “C-integrated shopping mall services and mobile web, and the scope of development” (hereinafter “instant establishment contract”).

B. On August 19, 2016, the Plaintiff’s term of the contract with the Defendant was “from August 16, 2016 to March 15, 2017” and the contract amount was “192,864,000 won” and “the development service contract of this case that subcontracts the development sector under the instant construction contract.”

The contents of the instant service contract are as follows. The scope and contents of the services provided in this contract shall be governed by the contents of the documents presented in writing before and after the contract and attached thereto, and the scope and contents of the services to be performed by the defendant during the contract and the schedule for completion by process shall be in good faith. The defendant shall pay 192,864,000 won to the defendant in return for the services. The plaintiff shall pay 57,859,200 won in advance (30%) within 15 days after the payment of the item amount is made in advance of the first intermediate payment (15%) within 28,929,60 won, 60 won, within 15 days after the payment of the first intermediate payment (3 months after the commencement of the business) within 28,929,60 won, 15% (15%) within 28,299, 200 won, 15% after the commencement of the intermediate payment and 15 days after the termination of the contract (15 days after the last payment) within 15 days after the payment.

A. If the defendant falls under any of the following, the plaintiff shall terminate the contract in whole or in part by notification: