(영문) 서울중앙지방법원 2018.08.17 2016가단157960

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(영문) 서울중앙지방법원 2018.08.17 2016가단157960

위약금 등

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1. Defendant (Appointed Party) and Appointed C, and D jointly and severally with the Plaintiff KRW 34,021,60,000 and the Plaintiff’s aforementioned amount on October 1, 2016.

Reasons

1. Facts of recognition;

A. On December 29, 2015, the Plaintiff deposited KRW 14,400,000 to E by concluding a service contract for the production of fish options with E (hereinafter “E”) on December 29, 2015, but was refunded KRW 10,000,000,000 excluding KRW 4,440,000 upon termination of the said contract on March 25, 2016.

B. On April 1, 2016, the Plaintiff entered into a service contract for the production of Fworkd Marketing App (AP) (hereinafter “instant service contract”) with Defendant (Appointed Party) Co., Ltd. (hereinafter “Defendant Company”). The period from April 1, 2016 to July 30, 2016; and the content of the service performance is the user app, Aphone user app, Aphone WEB (website), WEB, and WEB’s development, contract amount is KRW 35.6 million (excluding value-added tax) and the main contents of the said contract are as follows:

Article 5. The term of the contract for the royalty production under the terms of the contract shall be from April 1, 2016 to July 29, 2016, and if there is a written agreement between the plaintiff and the defendant company, the term of the contract shall be extended or reduced for the period specified in the written agreement, and the term of the contract shall be valid for the period specified in the new provision.

- Madrid Development Completion and Delivery - on June 3, 2016 - Manager Modrid Development Completion and Delivery - May 27, 2016 - Dophone Development Completion and Delivery - July 1, 2016 - Manager - Correction Completion and Delivery - on June 24, 2016 - Correction of the total integrated test completion and correction of error - Article 11 (Payment of Production Costs) on July 29, 2016 - The Plaintiff shall be value-added tax (excluding value-added tax) and shall be paid in accordance with the payment method under paragraph (2) below.

(2) The payment method is to recognize the Plaintiff’s 4.4 million won (including value-added tax) paid in advance at the time of a contract with E and to pay it in installments at the time of a contract, part payments, and any balance after completion.

유사 판례

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