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(영문) 울산지방법원 2017.01.18 2016나21490
계약금 반환
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The appeal costs.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a business operator who engages in employment consulting, etc. in the trade name of “C,” and the Defendant is a business operator engaged in the development of corporate software, etc.

B. On April 23, 2015, the Plaintiff developed and received “C” website (hereinafter “instant website”) operated by the Defendant, and entered into a contract under which the Plaintiff would pay a sum of KRW 9,900,000 (including value-added tax) to the Defendant in return (hereinafter “instant service contract”). The said contract includes the following:

Article 1 (Purpose) The purpose of this Agreement is to prescribe the rights, obligations and other necessary matters of the Plaintiff and the Defendant in entrusting the Defendant with the project designated by the Plaintiff.

Article 2 (Scope of Services) (1) The Defendant shall perform work suitable for the content of the development of services designated by the Plaintiff, and submit the results thereof within the contract period. (2) The scope of the development of services designated by the Plaintiff shall be governed by the website new formation, schedule, and estimate attached thereto.

Article 3 (Delivery and Examination) (1) The Defendant shall submit to the Plaintiff the result of the development of services as specified in the contract. 2) The Plaintiff shall be supplied with the final result from the Defendant and notify the Defendant of the examination process after receiving the final result.

(Provided, that there is no particular notice from the Plaintiff within 7 days, the Defendant shall be deemed to have completed the examination. 3) The Defendant shall submit to the Plaintiff a completion report on the website after the final reflection and supplementation with the Plaintiff. 4) The Defendant shall make the intermediate result of the website development available to the Plaintiff online.

Article 4 (Support) (1) The Plaintiff provides the Defendant with information necessary for the smooth performance of services and information necessary for the composition of design. 2) The Plaintiff’s negligence website development is the Defendant within the contract period.

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