(영문) 서울남부지방법원 2015.04.16 2014가합6658

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2015.04.16 2014가합6658

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The plaintiff is a company aimed at the wholesale and retail business of precious metals, and the defendant is a company aimed at developing and selling software.

B. On March 7, 2012, the Plaintiff and the Defendant entered into a contract for the development of the KGTC online gold exchange system (hereinafter “instant system”) (hereinafter “instant contract”), and the main contents of the contract are as follows.

Contract amount: 140,000,000 won (excluding value-added tax): Contract deposit - Payment by 30% (payment in cash within 15 days after the contract) of the contract amount - Payment by 30% (payment in cash within 15 days after the analysis/design is completed) of the contract amount - Contract period by 40% (payment in cash within 15 days after the final examination): Period of contract: From March 12, 2012 to August 11, 2012: Defect guarantee on August 11, 2012: Six months after delivery.

3. Service performance manpower - The replacement of PM is absolute, unless there is a request from the plaintiff, and the defendant shall not replace PM at will.

Article 22 (Termination of Contracts)

1. The plaintiff and the defendant may terminate the whole or part of the contract when any of the following causes arises:

- When the contract has been breached - When the contract has not been performed within a period of time without good cause.

3. Where the plaintiff terminates the contract due to the defendant's continuous default, the defendant shall be liable for damages requested by the plaintiff.

C. The Plaintiff paid the Defendant the remainder of KRW 61,60,000 (including value-added tax; hereinafter the same shall apply) on April 20, 2012 under the instant contract, and the intermediate payment of KRW 46,20,000 on August 17, 2012, and the remainder of KRW 61,60,000 on January 15, 2013.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 11, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff had ordered the Defendant to pay the price under the instant contract in full. At the Defendant’s request, the contract period was extended to March 31, 2013, but the Defendant designated the delivery of the Plaintiff.

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