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(영문) 수원지방법원성남지원 2020.09.24 2018가단227154

용역대금 반환 등 청구의 소

Text

The defendant shall pay to the plaintiff KRW 104,720,00 per annum from April 27, 2018 to August 8, 2018, and from August 9, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is a stock company with the purpose of educational service business, and the Defendant is an individual entrepreneur who plans and processes promotional video works under the trade name of “C”.

Article 1 (Purpose of Contract) The purpose of this Agreement is, at the request of the Plaintiff, to plan and produce promotional video works of D Language Institutes operated by the Plaintiff.

Article 2 ( Length, Quantity, and Specifications of Crops) Based on the production of 30 parts of video images for 5 minutes, the length shall, at the request of the plaintiff, be compiled and provided in various forms.

Article 3 (Period of Contract) The period of contract shall be from the date of contract until May 20, 2018, which is the scheduled date for the completion of delivery.

Article 4 (Method of Manufacture)

1. The defendant shall produce promotional video planning and production through close cooperation with the plaintiff (such as planning, production, literature, and contents of video).

2. The Plaintiff must provide the Defendant with all the circumstances necessary for the Defendant to produce promotional videos (such as Contributors, driving institutes, education curricula, and kergs, etc.).

3. The promotional videos shall be produced and supplied using two places and equipment in the Switzerland facilities owned by the Defendant.

Article 6 (Production Costs)

1. The value of supply shall be KRW 95,200,000, plus KRW 9,520,000 in total, plus KRW 104,720,000.

2. Payment of production costs shall be 50% at the time of the contract and 50% prior to February 9.

Article 7 (Cancellation of Contract)

2. Where the contract is halfway prior to the completion of the manufacturing due to the reasons attributable to the defendant, the defendant shall refund the full amount of the manufacturing cost received from the plaintiff.

4. The plaintiff or the defendant shall notify the other party of the correction for 10 days, if any of the following causes has occurred, and the party may terminate the contract if such correction has become known even if such cause has occurred:

- without good cause, the defendant’s request for work, revision, or supplementation; or