(영문) 서울남부지방법원 2020.11.25 2018가단245768

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(영문) 서울남부지방법원 2020.11.25 2018가단245768

용역비

Text

1. On January 26, 2020, the Plaintiff (Counterclaim Defendant) paid 18,525,000 won to the Defendant (Counterclaim Plaintiff) and 16,50,000 won among them.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Facts of recognition

A. On December 29, 2017, the Defendant entered into a contract with C Co., Ltd. for the development of software with the content of KRW 120,000,000 (in the event of a contract, KRW 54,00,000,000,000,000,000 for value-added tax, and KRW 54,000,000,000,000,000,000,000,000,000,000,000,000

B. On January 26, 2018, the Defendant entered into a software development service contract with the Plaintiff (hereinafter “instant contract”) with the following content, and paid down payment of KRW 15 million to the Plaintiff.

Article 1 Scope of Application

1. Services for the development of shopping malls at the request of the defendant;

2. The extension of the contract period is possible by agreement between the plaintiff and the defendant.

Article 2 Development Period

1. The plaintiff shall carry out this case's work in good faith according to the following schedule:

Provided, That if it is not possible to pay this system to the defendant by the deadline due to the change of appearance or any other reason, the plaintiff and the defendant may change the deadline after consultation.

2. The period of a service development agreement shall be from January 26, 2018 to March 31, 2018;

Article 3 Payment of Price

1. The defendant shall pay the following cash for the development services under this contract by the plaintiff:

2. The defendant shall pay the costs of development services to the plaintiff as follows:

Total amount: Delivery and installation of an online shopping mall in Article 5 of the Online shopping mall of KRW 50 million (excluding value-added tax) after completion of the contract of KRW 30 million (excluding value-added tax), 50% payment of KRW 15 million (excluding value-added tax).

1. The plaintiff must complete delivery and installation by the last day of the contract at the company and the establishment place designated by the defendant.

Provided, That if it is impossible to deliver within the payment period due to natural disasters or force majeure, the payment period may be postponed under the agreement between the plaintiff and the defendant.

2. The Plaintiff shall deliver and facilitate online shopping mall to the Plaintiff.

유사 판례

-서울중앙지방법원 2017.09.22 2017가합512936

-서울남부지방법원 2018.09.11 2016가단265126

-서울남부지방법원 2014.08.13 2013가단76714

-서울중앙지방법원 2016.06.15 2015나54225

-서울중앙지방법원 2016.10.11 2015가단5342131