시스템납품비용 소송
All appeals filed by the Plaintiff (Counterclaim Defendant) on the principal lawsuit and counterclaim are dismissed.
Expenses for appeal shall be principal lawsuit and counterclaim.
The principal lawsuit and counterclaim shall be judged together.
Basic Facts
(1) On April 4, 2018, the Plaintiff and the Defendant: (a) developed D (hereinafter “instant program”) and provided it to the Plaintiff; and (b) concluded a contract with the Plaintiff to pay development cost of KRW 20 million to the Defendant.
(2) The Plaintiff transferred the total sum of KRW 5 million on April 12, 2018, and KRW 7 million on May 31, 2018, to the instant program development cost, as the instant program development cost, to the account of the selector who registered his/her business with the trade name “E”.
(3) On October 12, 2018, the Plaintiff sent to the Defendant and the designated parties a certificate of content that “The Defendant and the designated parties did not perform the instant contract by July 3, 2018, and thus, the Plaintiff rescinded the instant contract.”
The Defendant and the designated parties asserted that the Plaintiff could not receive the certificate of content by sending it to the entire address of the director.
(4) On April 29, 2019, the Defendant sent the storage medium in which the instant program was stored to the Plaintiff by mail.
[Reasons for Recognition] A’s absence of dispute, Gap’s evidence Nos. 1 through 4, Eul’s evidence Nos. 1, 3, and 4, and the Plaintiff’s summary of the argument as to the claim of principal lawsuit as a whole, is the party to the instant contract together with the Defendant. The Defendant and the appointed party did not perform the instant contract by July 3, 2018, which is the due date for the instant contract.
Therefore, as the Plaintiff rescinded the instant contract on October 12, 2018, the Defendant and the selector are jointly obligated to pay the Plaintiff the total amount of KRW 7 million of the development cost and KRW 2 million of the damages incurred due to nonperformance of obligation (part of the estimated amount of damages KRW 10 million) and the damages for delay.
Judgment
The fact that the plaintiff paid the program development cost of this case to the account in the name of the selected person who registered his/her business under the name of "E" is recognized as above, and the statement in the document No. 1 of this case is written.