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(영문) 서울남부지방법원 2020.12.17 2019나60873
약정금 반환
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. The Plaintiff is a company established on February 25, 2015 for the purpose of software development, production, and distribution services, wholesale and retail business, information system integration and database business, consulting business related to livestock industry, etc., and the Defendant is an individual entrepreneur who engages in software development and supply business with the trade name of “C”.

B. On November 12, 2015, the Plaintiff and the Defendant developed and supplied “S/W development agreement” (hereinafter “instant software”) to the Plaintiff under the name of “S/W development agreement” and concluded a software development and supply agreement with the Plaintiff to pay KRW 42 million at the development service cost (hereinafter “instant agreement”). The main contents of the instant agreement are as follows.

S/W Development Agreement A (hereinafter referred to as the "A") and C (hereinafter referred to as the "B") shall enter into a contract for the development of Korea-China Management Software as follows:

Article 1 [Purpose of Contract] The purpose of this Agreement is to determine necessary matters between A and B in developing and supplying “B” the PC web, the web for farming, and the web for employees (hereinafter referred to as “S/W”) which require “A” to “B.”

Article 2 (Term of Contract) The term of contract shall be from November 12, 2015 to February 26, 2016, and the term of this contract may be extended under the agreement between A and B.

Article 3 (Obligation of Contracting Parties)

1. “A” shall provide support by providing production costs necessary for the development of “S/W”, equipment necessary for the development of “S/W”, details to enter into the facilities necessary for the development, server, etc.

2.A “B” shall carry out the development work of “S/W” as follows:

1) The user of a service development product, including the development of apps, web, number 2) server servers, 3) the basic graphic work 4) the basic testing work 5) the modification and supplement of service development products.

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