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(영문) 서울중앙지방법원 2016.04.29 2015가합7461
손해배상
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 384,395,180 to the Defendant (Counterclaim Plaintiff) and its related amount from October 3, 2015 to April 29, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

The plaintiff is a company established for the purpose of telecommunications education, testing for mothers, publication and sale of learning materials, and the defendant is a company established for the purpose of software development business, marketing service agency business, advertising planning business, etc.

On March 2014, the Plaintiff decided to carry out a project to improve the business management system (hereinafter “instant project”) in order to improve the deterioration of the existing business management system and to promote the quality of the business system.

Accordingly, the Plaintiff, following the tendering procedure on June 2014, selected the Defendant as the final business operator of the project of this case, and entered into an entrustment contract for software development with the Defendant on July 30, 2014.

(hereinafter “instant contract”). The Plaintiff paid 154,400,000 won to the Defendant according to the instant contract.

Article 1 (Purpose) of the General Contract Terms, the Plaintiff entrusted the development of the computer system (hereinafter referred to as “this system”) as set forth below (hereinafter referred to as “this case’s system”) to the Defendant, and the Defendant shall implement this.

This system to be developed by the defendant is the establishment of the business management system.

Article 2 (Time Limit, etc.) The defendant shall conduct this case in good faith in accordance with the following Schedule:

However, if it is not possible to deliver this system to the plaintiff by the deadline due to the change of appearance or other reasons, the deadline may be changed after mutual consultation.

- Article 3(Entrustment Fee)1 between August 4, 2014 and April 30, 2015, the Plaintiff shall pay to the Defendant the commission fee, in accordance with the Plaintiff’s payment regulations, as follows:

(VAT Separate) Total contract amount of KRW 772,00,000

1. Contract deposit: 20%, 154,400,000 won at the same time as this contract is concluded;

2. Part payments: 30%, 231,60,000 won after the interim report on a project.

3. Balance: 50%, 386,00,000 won within the next 30th day of the month following the completion of tallying (30).

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