(영문) 서울서부지방법원 2016.09.07 2015가합4450

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(영문) 서울서부지방법원 2016.09.07 2015가합4450

용역비

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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 303,50,000 and the interest rate thereon from December 2, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. On March 15, 2012, the Plaintiff was entrusted with the development of “C” software by Defendant A Co., Ltd. (hereinafter “Defendant Company”). On March 15, 2012, the Plaintiff entered into a contract on the “C development, repair of defects, and maintenance and repair of operation” (hereinafter “instant existing contract”) with the Defendant Company as the contract term of KRW 20,00,000 per month from April 1, 2012 to March 31, 2013 (excluding value-added tax) (hereinafter “instant contract”). The main contents are as follows.

Article 4 (Service Cost and Settlement Method) (1) The Defendant Company shall pay the Plaintiff the expenses of the existing contract of this case in cash as follows:

1) From April 1, 2012 to March 31, 2013 - Payment of KRW 20,000 (excluding value-added tax) as of the 10th day of the following month - Article 7 ( intellectual property rights to all software subject to development under the existing contract of this case shall belong to the defendant company at the time of termination of the contract: Provided, That where the contract is extended, the extended contract shall belong to the plaintiff until the termination of the contract. Article 9 (Cancellation and Extension of the contract) (4) The existing contract of this case shall be automatically extended on an annual basis if there is no separate consultation and disagreement between the two companies by two months before the expiration of the contract. (2) On July 31, 2013, the term of the contract of this case between the defendant company and the defendant company is from July 1, 2013 to June 30, 2014; the contract amount shall be extended to ten months from the 10th day to June 10, 2013 to the contract amount of this case shall be changed to the payment guarantee of the defendant B.

(2) On July 31, 2013, the amount that the Defendant Company did not pay to the Plaintiff as of July 31, 2013 (including value-added tax) is included in KRW 239,50,000 (including value-added tax).

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