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(영문) 서울중앙지방법원 2019.07.26 2017가단5232252
손해배상(기)
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. The costs of lawsuit shall be.

Reasons

1. On November 23, 2016, the Plaintiff and the Defendant concluded a subcontract agreement with C institutions (the instant development agreement) on November 23, 2016 regarding the development of the project program of C institutions contracted to the Plaintiff.

The contract term is from November 25, 2016 to January 15, 2017, and the service price is 35,000,000 won (excluding value-added tax).

On December 12, 2016, the Plaintiff paid KRW 11,550,000 to the Defendant.

2. The assertion and judgment on the principal lawsuit and counterclaim

A. On December 27, 2016, the Plaintiff’s assertion 1) did not transfer the details of work (original data) under the instant development agreement, but unilaterally discontinued contact on December 27, 2016, and the Plaintiff was engaged in a new work by utilizing the developer of D, Inc., the ordering company. Accordingly, the Plaintiff was subject to the deduction of KRW 26,150,09 (including value added tax) from the service payment that the Plaintiff concluded a modified contract with D and received the original payment. Accordingly, the Defendant is obligated to return the retainer amount of KRW 11,50,00 to the Plaintiff, and pay KRW 26,150,09,09.2) Evidence of the Defendant’s assertion that the Defendant unilaterally ceased contact without transferring the original data, which is the sole basis for proving that there is a lack of evidence to prove that there is a lack of evidence to prove that the Defendant did not respond to the request of the Plaintiff.

Comprehensively taking account of the descriptions in Gap 2, Eul 1, and 13, the scope of the defendant's development under the instant development contract: ① certification examination of web accessibility, ② strengthening of app (AP) security, ③ construction of anti-smoking service, ④ development of online anti-smoking program (non-smoking program), etc. (Article 2(1) of the contract) and ①, the defendant reflected the revision of web accessibility on December 19, 2016 in the server, and December 21, 2012.

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