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1. The Defendant (Counterclaim Plaintiff) paid KRW 9,084,500 to the Plaintiff (Counterclaim Defendant) and its related amount from November 22, 2012 to January 21, 2013.
Reasons
1. Basic facts
A. On December 5, 2011, the Plaintiff and the Defendant entered into a service contract with the Defendant for receiving KRW 33,00,000 (value-added tax separately) for the production and supply of animation (a total of 30 dynamic images of the total of 30 types with different screen pictures (e.g., three screen pictures of the 10 dynamics and fingerprints; hereinafter referred to as “instant screen pictures”) and screen pictures for the education of a paradics (Phonics) (hereinafter referred to as “instant screen pictures”), and the main contents of the first service contract are as follows.
1) Production period: maximum three months after the conclusion of the contract: (i) production cost: (ii) production cost of KRW 9,900,000 (30%) shall be completed including the completion of the test by the end of February 2012; (ii) intermediate payment of KRW 9,900,00 (30%) shall be paid on February 6, 2012; (iii) any balance of KRW 13,200,00 (40%) shall be paid within 7 days from the date of issuance of the tax invoice ( separate value-added tax; (iv) 90,000,000 after the completion of the work; (v) production and re-issuance of the intermediate payment of KRW 50,000 at the time of the request of the Plaintiff; and (v) production and delivery of the intermediate payment of KRW 90,000 after the completion of the work; and (v) production and delivery of the intermediate payment of KRW 90,000,000,000 for the Plaintiff.