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(영문) 서울중앙지방법원 2020.11.25 2019가단5102829
용역비
Text

1. The defendant's KRW 36,300,000 and its amount shall be 6% per annum from January 31, 2019 to November 25, 2020 to the plaintiff.

Reasons

1. Facts of recognition;

A. On July 24, 2018, C Co., Ltd. (hereinafter referred to as “C”) entered into a service agreement (hereinafter referred to as “the entire service contract of this case”) with the Defendant on the terms and conditions that each of the terms and conditions of the instant service agreements was specified and entrusted on July 24, 2018 as the date scheduled for opening the system (hereinafter referred to as “the entire service contract of this case”) and the total amount of KRW 488,00,000 (excluding value-added tax; hereinafter referred to as “specific value-added tax”), and the period from July 24, 2018 to January 31, 2019, respectively.

On July 31, 2018, the Defendant concluded a service contract (hereinafter “instant service contract”) with the terms and conditions that the instant service, among the entire services, UI/UX User Development Services (hereinafter “instant service”) shall be determined as KRW 110,000,000, and the period from July 24, 2018 to November 16, 2018 (hereinafter “instant service contract”).

The method of payment of service price prescribed in the instant service contract is as follows.

Down payment of KRW 33 million: After the commencement of the project

8. 31. The intermediate payment of KRW 33 million within 14 days upon a request for a tax invoice: The first balance of KRW 22 million within 14 days upon a request for a tax invoice on October 30 after the submission of an intermediate product: The second balance of KRW 22 million within 14 days upon a request for a tax invoice on December 15, 199 after the final inspection of the project completion; the second balance of KRW 22 million paid within 14 days after the completion of the project;

1. 31. In principle, a request and payment shall be made within 14 days upon request of a tax invoice by phase after the completion of examination of products by phase;

B. The Plaintiff, in the process of the instant service, dispatched its employees to C Service Site, started services such as UI/UX-related design development, etc., and the Defendant paid 33 million won the down payment stipulated in the instant service contract to the Plaintiff.

As the Plaintiff cannot complete the UI/UX development by November 16, 2018, which is the end date of the instant service period, the Defendant on November 13, 2018.

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