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(영문) 서울중앙지방법원 2014.12.16 2014가단5279137
대금 청구
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 16,307,50 with full payment from July 24, 2014.

Reasons

1. Basic facts

A. The Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) is a company engaged in the development and sale of software, and the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) is a company engaged in the electronic commerce and service business in the B2B method.

B. On October 4, 2013, the Plaintiff entered into an Internet homepage production contract (hereinafter “instant production contract”) with the Defendant on the following grounds: (a) the term of the contract between October 4, 2013 and February 3, 2014; (b) the contract amount of KRW 5,500,000 (the contract amount of KRW 27,50,000,000,000,000,000,000,000 when entering into a contract, and the remaining amount of KRW 27,50,50,000,00,000, in cash, within 10 days after the final inspection; and (c) the scope of the business of the Defendant’s Internet homepage production contract (which may be adjusted through mutual consultation).

The summary of the production contract of this case is as shown in attached Form 1.

C. On October 7, 2013, the Defendant transferred the amount of KRW 30,250,000 (=value 27,500,000 value-added tax of KRW 2,750,00) to the Plaintiff as down payment pursuant to the instant manufacturing contract.

The Plaintiff: (1) on November 5, 2013, written confirmation from the Defendant, (2) on a website user’s screen (Front Stop) confirmation; (3) on January 13, 2014, a website manager’s screen inspection confirmation; and (4) on March 24, 2014, the Plaintiff’s final confirmation that “the web site development of waterway oil (www.zeru.com) was completed at the construction request.” However, in the column of special matters, the Plaintiff’s confirmation document stating that the error and reinforcement of the web site user’s screen were defective for 12 months; and (4) on January 13, 2014, the mobile part of the website user’s screen was entered into an open app for 3 months after the date on which the construction request was made.

The defendant's homepage is around March 17, 2014, before the final inspection certificate is prepared.

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