(영문) 서울중앙지방법원 2017.10.26 2016나45686

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(영문) 서울중앙지방법원 2017.10.26 2016나45686

용역비

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On January 27, 2015, the Plaintiff and the Defendant concluded a contract for the development of software and hardware (hereinafter “instant contract”) with the content that the contract period shall be from January 26, 2015 to June 30, 2015, the Plaintiff provided the Defendant with the design and manufacture of hardware (BLE) devices for the construction of BLE-based services, and design and manufacture of software ( smartphone display linked to HDware). In return, the Defendant entered into a contract for the development of software and hardware (hereinafter “instant contract”).

B. The main contents of the above service contract related to the instant case are as follows:

Article 1 (Contents of Services)

1. Title of contract: Construction of a BLE-based service system;

2. Contract amount: A set of KRW 150,000,000 per day (excluding surtax) (150,000,000);

3. Contract deposit: Cash payments made within 5% of the contract amount, 20% of the contract amount, 3 balance paid in cash until February 2, 2015: Cash payments within 35% of the contract amount, and 7 days after the final inspection.

4. Period of contract: From January 26, 2015 to June 30, 2015;

5. Projected delivery date: Defendant-style houses on June 30, 2015;

7. Defect guarantee: The date of commencing the development services under Article 5 (Commencement and Completion of Development Services) for one month after delivery shall be the date on which the project is undertaken, and the date on which the services are completed by the plaintiff shall be the date on which the final inspection is completed.

Article 6 (Business Subject to Services) The scope of the business that the defendant entrusts to the plaintiff (hereinafter referred to as "business") under the contract shall be as follows in principle:

1. (1) The design and production of the hardware (BLE) and the design and production2) software (which are linked to the Hadwa) and the design and production 3 documentation work;

2. Scope of duties under a contract: It shall be based on the details of duties in the plan for development of a separate project, but it shall be the final determination through mutual consultation after the completion of analysis and design of the field of duties.

[Attachment].

유사 판례

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