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(영문) 서울중앙지방법원 2020.02.05 2019가합508504
용역대금 청구의 소
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 26,884,00 to the Plaintiff (Counterclaim Defendant) for KRW 26,884,00 and for this, from October 12, 2018 to February 5, 2020.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. From November 20, 2017 to March 19, 2018, the Defendant, the Defendant, the Defendant’s department store C’s business, the business of replacing C’s website program with the “EX platform”-based program from the existing web development and operation platform (hereinafter “instant project”).

(2) Around November 7, 2017, the Defendant entered into a service agreement with E Co., Ltd. (hereinafter “E”) to complete the instant project, with the content that E puts the F head of E into a project business unit and G head of G in a developer, respectively, and by March 31, 2018.

B. On November 21, 2017, the Plaintiff received a request from the Defendant for the supply of human resources necessary for the progress of the instant project. 2) On November 28, 2017, the Plaintiff concluded a service contract with the Defendant to enter into between the Plaintiff and the Defendant for the supply of I as its affiliated human resources, and on the same day, between November 28, 2017 and February 28, 2018, setting I as the contract amount from November 28, 2017 to February 28, 2018 (unit price of KRW 6,90,000 per month, value-added tax; hereinafter the same shall apply).

On April 18, 2018, the Plaintiff and the Defendant respectively changed the term of input of the above service contract to KRW 32,430,000 until April 18, 2018, and the contract amount to KRW 32,430,00.

3) On April 9, 2018, the Plaintiff entered into a service agreement with the J to receive K, a human resources belonging to it, from April 9, 2018 to May 31, 2018, setting the contract amount of K as KRW 11,613,300 (monthly unit price of KRW 6,700,00) and to enter into the instant project. (iv) On the same day, the Plaintiff agreed with the Defendant to receive M, a human resources belonging to it, from the Defendant around April 23, 2018.

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