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(영문) 서울중앙지방법원 2015.08.21 2015가단6201
계약금반환 등
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 37,205,00 to the Plaintiff (Counterclaim Defendant) and the amount from December 18, 2014 to August 21, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On April 15, 2014, the Plaintiff and the Defendant entered into a service contract for the development of auction-type display (hereinafter “instant auction-type printing app”) with the following content.

Article 3 (Time Limit and Delivery)

1. The Defendant shall deliver the app development period from March 25, 2014 to May 20, 2014 and the inspection period shall be 14 days after delivery.

(1) On April 15, 2014 (1 Tally tally tally tally tally tally tally tally tally tally tally tally tally tally tally tally tally tally tally tally tally tally tally tally tally tally tally tally tally tally tally tally tally tally tally tally tally tally tally tally tally tally -

3. In the event that the service of this case is delayed by the deadline specified in the schedule for other reasons, the Defendant may change the deadline after the agreement between the Plaintiff and the Defendant.

Article 5 (Development Costs)

1. The total cost of app construction shall be KRW 35 million (excluding value-added tax);

Article 6 (Methods of Payment) 30% of advance payment (10,500,000 won) shall, immediately after entering into a contract, immediately deposit and intermediate payment 40% (14 million won) by May 2, 2014, deposit and balance 30% (10,500,000 won) by the delivery test and inspection, and deposit on June 5, 2014 (10,050,000 won)

1. The defendant shall provide the service output to the plaintiff not later than the completion date of the relevant project, and the plaintiff has a 14-day examination period after receiving a written request for examination from the defendant along with the service output.

2. After the examination, the Plaintiff considers that the service product failed to meet the Plaintiff’s requirements, the Plaintiff may request the Defendant to re-work by specifying the necessary matters and period for supplementation, and the additional expenses incurred therefrom shall be decided by the agreement between the Plaintiff and the Defendant.

Article 9 (Destruction of Contract)

1. Where one of the other parties to the contract fails to faithfully perform the terms and conditions of this contract, the other party may rescind or terminate the contract;

2. The Plaintiff where the Defendant had terminated or terminated the contract.

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