(영문) 서울남부지방법원 2014.12.11 2014나3745

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Reasons

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(영문) 서울남부지방법원 2014.12.11 2014나3745

손해배상

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1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal shall be borne respectively by each party.

Reasons

1. Basic facts

A. On March 19, 2012, the Defendant entered into a contract for product development (hereinafter “instant development work”) with DMC (hereinafter “DM”) to receive KRW 1,375,000,000 (including value-added tax) as remuneration.

B. On May 2, 2012, the Plaintiff entered into a service contract with the Defendant for the instant development project with the content that the Plaintiff would be 10% of the total contract amount (hereinafter “instant service contract”). The term “the instant development project” refers to the primary project that the Plaintiff established and built by placing an order for 2 years’ compacts. The instant development project refers to the secondary project. The instant development project can be said to be the secondary project) and receive KRW 184,800,000 (including value-added tax) as remuneration, and the contract deposit was to be 10% of the total contract amount (hereinafter “instant service contract”).

The specific tasks performed by the Plaintiff under the instant service agreement are ① analysis of the development plan of DID Cloat, ② Tms/Cms (Cmp Management Symp) Balmpic, ③ Tms/Cmp UI, ④ Additional/Correctional Development of VOD (VOD) and ⑤ Infrastructure modification/development.

C. The special terms and conditions, which are part of the instant service contract, include the following:

Article 4 (Adjustment of Services) The defendant may, in consultation with the plaintiff, modify the period of this service, content of the service, contract amount, etc. in order to smoothly perform the contracted services.

Article 6 (Change of Contract Amount Due to Change of Details of Overwork) (1) In cases of increase or decrease of services due to a change in details of work due to the ordering person or the defendant's reasons, the defendant shall decide to adjust the contract amount concerned within 30 days after consultation

(6) The change in details of operations shall be made.

유사 판례

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-제주지방법원 2018.05.17 2016나7098

-서울동부지방법원 2020.07.08 2019나27002

-서울중앙지방법원 2019.07.16 2018가단5212569