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1. The Defendant (Counterclaim Plaintiff) paid KRW 34.7 million to the Plaintiff (Counterclaim Defendant) and against this, from January 11, 2014 to March 6, 2015.
Reasons
1. Case summary
A. The Defendant accepted the “improvement of the function of protecting personal information” from C-A-A-A-A-A-U-A-A-A-U-A-U-A-A-U-A-A-U
(hereinafter “instant 1 contract”). The Plaintiff performed all of the above duties, but the Defendant did not pay KRW 2.7 million out of the service price to the Plaintiff.
B. From August 2012 to January 5, 2013, the Defendant accepted the “reform development of Dental Medical Center’s website” from Dental Medical Center, and subsequently re-entrusted the Plaintiff with the term of contract from September 10, 2012 to January 11, 2013; and the service price at KRW 55 million to the Plaintiff on September 10, 2012.
(hereinafter referred to as “instant second contract”). C.
The defendant concluded an extension contract by April 30, 2013 because it was unable to perform all services within the contract period with Dental Medical Center.
[Reasons for Recognition: Facts without dispute, Gap evidence 1, Eul evidence 1, purport of the whole pleadings]
2. Assertion and determination
A. Judgment No. 1.A on the claim for service payment under the instant contract No. 1
According to the facts stated in paragraph (1), the defendant is obligated to pay the service cost of 2.7 million won to the plaintiff.
However, it is clear in the record that the defendant has a claim for the rent of KRW 1 million against the plaintiff, and that the defendant's counterclaim, which contains a declaration of intent to offset the service price under the contract of this case by using the above claim as the automatic bond, reaches the plaintiff. Thus, the defendant's counterclaim is reasonable, and eventually, the plaintiff's counterclaim remains only KRW 1.7 million.
B. The Plaintiff’s assertion 1) The Defendant agreed to pay all the expenses incurred after January 11, 2013 with respect to the instant contract No. 2 with the Plaintiff, as well as the instant contract No. 2.