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Reasons
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(영문) 수원지방법원안산지원 2015.08.26 2015가단10776
개발대금 반환
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1. As to the Plaintiff’s KRW 42,00,000 and KRW 22,00,000 among them, the Defendant shall pay to the Plaintiff KRW 3,00,000 from May 10, 2013.

Reasons

1. Basic facts

A. On May 8, 2013, the Plaintiff and the Defendant developed and provided contents to the Plaintiff as follows, and the Plaintiff written with the content development agreement (hereinafter “instant development agreement”). Contents and development content (Article 2): Costs for the development of online contents under the name of “3D” (hereinafter “instant contents”): Total period of 40,000,000 won (excluding value-added tax) and delivery period (Article 4): Where the Plaintiff and the Defendant violate obligations under this contract without justifiable grounds, the effect of termination of the contract (Article 14): Where either the Plaintiff and the Defendant violate their contractual obligations under this contract in relation to the instant contract, one of the parties shall be liable for damages incurred to the other party by returning the money or goods delivered by the other party.

B. On May 9, 2013, the Plaintiff remitted KRW 3,000,000 to the Defendant respectively, and KRW 7,000,000 on August 23, 2013, and KRW 7,000,000 on February 14, 2014, and KRW 10,000,00 on April 1, 2014.

C. On September 30, 2013, the Defendant issued a tax invoice claiming KRW 44,000,000 for the instant development contract price to the Plaintiff.

The Defendant did not deliver the instant content to the Plaintiff by October 19, 2013.

Accordingly, if the Plaintiff did not develop the content of this case by November 20, 2014 to the Defendant on November 11, 2014, the Plaintiff would terminate the instant development agreement.

‘A' sent content-certified mail, and the defendant received it around that time.

[Judgment of the court below] Facts without dispute, Gap's evidence of subparagraphs 1 through 4, and the purport of the whole pleadings

2. Summary of the parties' arguments;

A. The plaintiff 3 is as follows.

B. The Defendant produced and supplied the content of this case at the request of A, which led the Plaintiff’s business.

However, the financial situation of A is good.

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