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(영문) 서울중앙지방법원 2018.11.30 2018가단5003598
용역비
Text

1. The Defendant’s KRW 30,801,272 as well as 5% per annum from November 8, 2017 to November 30, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. On May 30, 2014, the Plaintiff entered into a contract for the establishment of the Defendant’s website and the production and operation of C educational content (hereinafter “instant contract”) with the Defendant by setting the period from May 30, 2014 to August 31, 2014, as the period of the contract (construction period) from May 30, 2014 to August 31, 2014.

B. The main contents of the instant contract are as follows.

(1) Contract name (1) : Contract name of the establishment of the Defendant website, the production of C Educational Content, the contract amount of (2) : 10 million won on the website: (3) contract term of the production and operation of C Educational and Content at the Plaintiff’s expense: The period of establishment: May 30, 2014 to August 31, 2014: C Educational Content - The period of operation from May 30 to August 31, 2014: (5) location to make a re-contract after mutual consultation after the expiration of a three-year contract after the completion of the production: 50% of advance payment for the production and operation conditions of the designated place, 50% of the completion of the project, and 50% of the completion of the project within one month after completion and examination, respectively.

Article 14 (Payment of Tuition Fees for CEducation) The amount to be deposited into or approved from the defendant as tuition fees for C Education shall be calculated at the end of each month, and the defendant and the plaintiff shall be divided by 50 percent, respectively, and the right thereto shall be fixed for the period of operation (three years after the contract).

The distribution of profits after three years after the contract shall be implemented by changing the ratio of the defendant 60% and the plaintiff 40%.

Article 20 (Settlement of Disputes) (2) If a dispute arises between a defendant and the plaintiff concerning this contract or in connection with this contract, such dispute shall be settled according to the arbitration of the Korean Dispute Mediation Committee, and at the time of occurrence of a lawsuit following the failure to settle the dispute, the court having jurisdiction over the domicile of the defendant.

C. The Defendant did not timely pay the proceeds, etc. under the instant contract, and the Plaintiff sought service charges, etc. from the Chuncheon District Court.

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