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(영문) 수원지방법원성남지원 2017.09.05 2016가합205591
용역비
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company running a business such as the development and service of professional call software in the field of telecommunications, and the Defendant is a company running a business such as the development of software for a type of business such as network.

B. Around March 2015, the Defendant entered into a contract with Samsung Electronic Co., Ltd. (hereinafter “TT development services”) on the terms and conditions that the Defendant would subcontract to the Plaintiff part of the Defendant’s services, including “PT server development” (hereinafter “instant contract”). The main content of the contract is as follows.

Contract amount: 1,400,000 won (Additional Tax Map) contract period: 30% after the completion of the first examination from March 9, 2015 to August 31, 2015: 30% after the completion of the second examination, 40% after the completion of the last examination, and 30% after the completion of the last examination (development cost) 1, the Defendant shall pay to the Plaintiff the total sum of 1,40,000 million won (including Won 1,40,000,000/ Value-Added Tax, and domestic outing equipment).

② The Defendant shall pay the development costs under the preceding paragraph to the Plaintiff as follows, and upon receipt of the notice of approval for the examination at each stage of Samsung Electronic in the absence of a separate agreement on the payment date, within seven business days from the date the Defendant received the payment from Samsung Electronic:

1. First installment payment: 30% of the development cost (excluding 420,000,000/ Value-added tax);

2. Second installment payments: 40% of development cost (excluding 560,000,000/ Value-added tax).

3. Balance: Article 10 (No. 420,000,000/Additional Tax) Section 10 (Development Results) of the Development Costs (No. 420,000/Additional Tax) (1) The Plaintiff shall submit to the Defendant the following results of development arising under this Agreement at the time of completion of each phase or development:

1. Product code, design document (basic design and detailed design);

2. Procedures, results of an interlocking test, details of technical support, and results thereof;

3. User explanation, a report on completion of development (Submission of Development Results and Examination) ① The Plaintiff’s development services.

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