(영문) 서울중앙지방법원 2016.11.16 2016가합526310

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(영문) 서울중앙지방법원 2016.11.16 2016가합526310

용역비

Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. Of the costs of lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company established for the purpose of the establishment and operation of the website, online service comprehensive consulting, etc., and the Defendant is a company established for the purpose of news providing business, communications business, etc.

B. On February 5, 2014, the Plaintiff entered into a contract with the Defendant to provide services related to the construction of online services (hereinafter “instant contract”) including the establishment of the Defendant’s news information system, and the restructuring of the website (hereinafter “instant services”). The main contents are as follows.

Article 3 (Scope of Services) The scope of services to be rendered by the Plaintiff under this Agreement shall be as follows:

Establishment of a news information system for the defendant's reporters;

(b) Construction of online editing rooms and internal lines for the editing of the defendant's articles;

c.S 1.krweb/Mob, VIP services, snowTV, mobile Aps (an dye and opphones);

(d)The scope of the implementation plan included in [Attachment 1] shall correspond to that of the implementation plan, and the other scope may be adjusted through consultation between the plaintiff and the defendant.

Article 4 (Period of Contract) (1) The period of this Agreement shall be 23 months in total from February 3, 2014 to December 31, 2015.

Article 5 (Payment for Services)

1. The amount that the defendant pays to the plaintiff for the service of this case shall be KRW 140,00,000 (excluding value-added tax).

2. After the completion of the contract, the Defendant shall pay 6,400,000 won (excluding value-added tax) to the Plaintiff’s passbook at the end of each month in installments for five months (total amount of KRW 32,00,000,000) and the intermediate payment of KRW 48,00,000 (excluding value-added tax) within one month after the completion of development.

3. Any balance of KRW 60,000,000 (excluding value-added tax) shall be paid in cash in the Plaintiff’s passbook by dividing the amount of KRW 5,00,000 (excluding value-added tax) monthly from January 2, 2015 to December 2, 2015, which is the period for maintaining and repairing defects, for 12 months in total;

Article 5 (Scope of Products) The plaintiff shall set up on the website within the agreed period to the defendant.

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