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(영문) 서울중앙지방법원 2017.10.25 2017나21526
손해배상(기)
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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 3:

On April 6, 2016, the Plaintiff entered into an entrustment contract (hereinafter “instant entrustment contract”) with the Defendant to assess the efficacy of the cosmetics developed by the Defendant (hereinafter “instant entrustment contract”). The terms of the instant entrustment contract are as follows.

Article 3 (Term of Contract) The term of this Agreement shall be the time when all the duties entrusted by the defendant are completed.

Article 4 (Scope of Business)

1. The Plaintiff shall prepare a plan for the assessment of efficacy, select and manage subjects, assess efficacy, analyze statistics, prepare a report, etc. in accordance with the terms and conditions set out in this Agreement.

Article 5 (Expenses for Entrustment and Methods of Payment)

1. The Defendant shall pay the Plaintiff research service costs as follows:

(1) Total research service cost: 22,00,000 won (excluding value-added tax) ? Payment Date and Amount: 1,000,000 won on April 22, 2016; and 29.4. 13,200,000 won on April 29, 2016;

B. Although the Plaintiff commenced the performance of services for assessing the efficacy of the instant consignment contract, the Plaintiff sent a document proving the content of the service payment to the Defendant on May 25, 2016 and June 2, 2016, as the service payment was not paid at all by the Defendant.

2. Determination:

A. (i) In order to provide the service under the instant consignment contract, the Plaintiff’s summary of the Plaintiff’s assertion was paid KRW 4,000,000 for protocol development costs, KRW 3,500,00 for the subjects’ management, KRW 2,000 for the personnel expenses of four employees, KRW 2,00,000 for data management expenses, and KRW 5,000 for the purchase cost of equipment for clinical trials, and KRW 16,50,000 for the purchase cost of equipment for clinical trials, but the instant consignment contract was terminated without receiving the payment from the Defendant.

Therefore, the defendant shall pay damages to the plaintiff 16,500,000 won and damages for delay.

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