계약금 잔금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. Facts of recognition;
A. On May 15, 2015, the Plaintiff entered into a contract with the Defendant to provide the Defendant with hardware supply, development of programs, and operation to establish the POS business management system prior to the Culture Industry Exchange (POS), and to pay KRW 217,00,000 (value-added tax separately) to the Plaintiff (hereinafter “instant contract”). The content of the instant contract related to the instant case is as follows.
Article 4 (Methods of Price Payment) The defendant shall pay the contract amount to B according to the following conditions:
Down payment: Cash payments paid in cash within seven days after the plaintiff claims 30% of the contract amount: 50% of the contract amount is paid in cash within seven days after the plaintiff claims the price: Article 6 (Examination of Services and Provision of Products) of the Cash Payment within seven days after the plaintiff claims the price.
1. In order to ensure the successful performance of the service, the defendant and the plaintiff shall have regular meetings on a specified day as a main unit, a monthly unit, or both parties.
Provided, That where the defendant requests the plaintiff to report on the service progress in order to verify the service progress, the plaintiff shall comply with it.
As a result of the service progress, the plaintiff shall submit output to the defendant in the form of printed materials and file.
2. The Plaintiff should provide the Defendant with the source code file along with the installation file.
Article 10 (Termination and Cancellation of Contracts)
1. In any of the following cases, the defendant or the plaintiff may terminate all or part of the present contract without a peremptory notice to the other party:
(5) If, without good cause, the contract has not been complied with within one week after the request for its correction in violation of the terms and conditions of this contract.
B. After the instant contract, the Plaintiff demanded the Defendant to pay the down payment, and the Defendant paid the Plaintiff the down payment of KRW 50 million on May 22, 2015.
[Ground of recognition] A.