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(영문) 창원지방법원 2017.06.15 2015가합3167
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the Plaintiff

Reasons

1. Basic facts

(a) On January 14, 2013, the Plaintiff, a designer, entered into a service contract for design of the electric device (from January 14, 2013 to March 31, 2013, the service cost of KRW 123,000,000), and ② on February 20, 2013, a service contract for design of the electric device (service cost of KRW 70,000,000 to May 10, 2013) with STX Shipping Co., Ltd. (the service cost of KRW 70,000,000 to May 10, 2013), respectively, and the main contents are as follows:

(A) “A” is the Plaintiff (hereinafter “instant service contract”). Article 3 of the Scope of Services

1. “B” shall perform services in accordance with the specifications and reference drawings provided in A or STX Line Sea (State).

Article IVConditions of Service Costs and Payment

2. Payment Conditions: monthly end of the month, and “A” shall be paid in accordance with the payment method at the STX Shipbuilding (State).

Article 5 Service Period

1. “B” shall prepare and deliver drawings in accordance with the schedule specified in the sign, and shall actively carry out the affairs requested by “A” with a sense of responsibility.

Article 7 "A" may, if necessary, change the appearance, increase or decrease the quantity, etc. within the scope of the service cost, and "B" shall perform the service in good faith according to the use of "A".

Provided, That where it is inevitable to increase or decrease service fees or adjust the deadline for construction due to the change of appearance, increase or decrease in quantity, etc., it shall be determined through separate

Article 12 Delay Compensation

1. If the delivery is not completed within the period specified in Article 5 of this Service, “A” shall pay the amount equivalent to 5/100 of the service costs of Article 4 for each one day after five (5) days of the completion of the delivery after deducting from the service costs of the last term component on the number of delayed days.

B. On January 16, 2013, the Plaintiff supplied the design work to Nexex, Inc., and commenced a claim for the end of the month and demanded the end of the month for the design work on November 19, 2013.

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