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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On October 20, 2014, the Plaintiff (C Center) and the Defendant concluded a software development service contract (temporary placement of human resources) with the following content.
The name of a contract: The contract period of D (Program Development): From October 27, 2014 to March 31, 2015: The dispatched human resources: The terms of 45,419,354 won of the total contract amount of the defendant: The payment shall be made on the scheduled date of each month.
Until October 2014, 2014: 8,00,000 won (8,800,000 won) on November 20, 2014, November 2014; 8,000,000 won (8,800,000 won) on December 8, 2014; 8,00,000 won (8,80,000,000 won) on December 19, 2014; 20,000,000 won (8,8,000,000 won) on December 8, 2015; 3: 0,00,00 won (8,80,000,000 won); 20,000 won on May 20, 2015; 3: 20,008,000 won on May 20, 2008 (the contract period);
Amount (paid) Amount of KRW 2,00,000 (2,200,000) on February 5, 2015, 2015, the scheduled date of payment of the divided amount of KRW 3,500,000 (3,850,000) on February 17, 2015, 200 (3,850,000) (6,050,000) on February 17, 2015.
B. On February 5, 2015, the Plaintiff (C Center) and the Defendant concluded a contract for design development services (temporary placement of human resources) with the following content.
C. On December 19, 2014, the Plaintiff paid KRW 33,869,54 in total,00 won to the Defendant on December 31, 2014, KRW 7,032 won on December 31, 2014, KRW 729,032 won on December 31, 2014, KRW 8,800,000 on January 20, 2015, KRW 2,200,000 on February 5, 2015, and KRW 33,850,000 on April 6, 2015.
[Reasons for Recognition] Gap's evidence 1, 2, Gap's evidence 1 to 3, and the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion that the defendant submitted the result of the program, but intentionally included the malicious program in the program (a well-known logical bomb) and caused losses to the plaintiff due to economic loss and decline in trust.
The plaintiff entirely reversed the program submitted by the defendant and constitutes a new program through new services (temporary placement of human resources).