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1. The judgment of the court of first instance is modified as follows.
The Defendant’s KRW 11,860,000 and the said money to the Plaintiff on May 2015.
Reasons
1. Basic facts
A. The Plaintiff is a program developer, and the Defendant is a company mainly engaged in the distribution and production of educational contents.
나. 한국기술교육대학교는 주식회사 에듀윌(이하 ‘에듀윌’)에게 사이버교육과정 콘텐츠 제작을 의뢰하였고, 에듀윌은 피고에게 위 교육 콘텐츠 중 “B”, “C”(이하 ‘C 프로그램’)이라는 2종의 콘텐츠(이하 ‘이 사건 콘텐츠’) 제작을 의뢰하였다.
Article 13 (Examination) of the Contract Terms - General Conditions for Content Development - Total Contract Terms 40,800,000 - Contract Terms - From February 1, 2015 to May 31, 2015 - The Plaintiff shall request the Defendant to conduct the final inspection at least three days before the last day of each month, which is the due date, according to the schedule, and the Defendant shall conduct the inspection.
② The Defendant’s written confirmation of the completion of tallying shall be deemed as the approval of tallying, and the Plaintiff may claim the remainder to the Defendant after the tallying approval.
except that, in the case of paragraph 3 below, the same shall apply after re-examination in writing.
③ Upon receipt of a written rejection of tallying from the Defendant, the Plaintiff shall revise and supplement items that fall short of the tallying criteria to request re-tallying, and the criteria, procedure, and approval regarding the request for re-tallying shall be determined by
Article 16 (Payment of Price) (1) The plaintiff shall file a claim in writing in accordance with the schedule under paragraph (3), and the defendant shall pay the price to the plaintiff in accordance with the internal resolution guidelines.
(2) The time for the payment of each price to be omitted shall be as follows:
After completion of the first development of the intermediate payment of KRW 11,340,000 after the completion of the contract of KRW 7,560,00,000, the content to be developed by the Plaintiff under this Agreement is as follows: (a) after the completion of the first development of the intermediate payment of KRW 11,340,00, the remainder of KRW 211,340,000 after the completion of the first development of the intermediate payment of KRW 10,560,00:
-2015 Class 2 development ("B", "C") of cyber curricula at the Korea Technology Education University ("Technology") - commercial content;