(영문) 서울중앙지방법원 2017.04.21 2013가합557245

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(영문) 서울중앙지방법원 2017.04.21 2013가합557245

용역대금 청구의 소

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1. The Plaintiff (Counterclaim Defendant) paid KRW 157,700,000 to the Defendant (Counterclaim Plaintiff) and its related amount from September 30, 2014 to April 21, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed to be combined.

1. Basic facts

A. The Plaintiff is a person engaged in software development business under the trade name of “C”, and the Defendant (formerly: D Company) is a company that operates Internet service business, etc.

B. On June 18, 2012, the Plaintiff and the Defendant are “the primary contract” under the development agreement for the E Program (hereinafter “instant Program”).

the term of the contract has been from June 18, 2012 to the same year.

9. up to 18, commission fees are KRW 90,00,000, and the Plaintiff agreed to complete and provide the instant program to the Defendant within the said period.

On July 6, 2012, the Plaintiff and the Defendant entered into a modified contract (hereinafter referred to as “the instant contract”) by specifying the details of the first contract and supplementing deficiencies. The main contents of the second contract are as follows.

The purpose of this Agreement is to entrust the development of programs used for the software services of “A” (Defendant) to “B” (Plaintiff) and “B” to supply “A” as part of E’s programs and services, realizing and completing the programs and services requested by “A” in accordance with their original purpose.

Article 2(Scope of Development) (1) The scope and details of the affairs subject to the services to be conducted by B shall be determined by the separate work specifications.

The period for which A prepares a work schedule by agreement with A and B shall be included in the scope of development.

(2) A shall submit to B a work statement stating the purpose and details of services requested for development, methods of utilization, and services in order to measure the scope of services of B within seven days.

(3) Eul shall be based on the scope and contents of services confirmed in the work specifications submitted by Gap.

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