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(영문) 서울중앙지방법원 2017.11.08 2016가단5182510
손해배상(기)
Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 14,353,700 with full payment from August 31, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. Status 1 of the parties is a company whose business is the development and supply of travel content, and the provision of Internet travel information services. 2) The International Organization Co., Ltd. (hereinafter “UNFCCC”) is a company that operates and provides smartphones which provide internal recreation guidance.

3) The Defendant is the representative of an individual entrepreneur C who develops and supplies software. (b) On November 6, 2015, the Plaintiff entered into a contract with the Defendant to develop and supply DNA app (D App Development Contract) with the Defendant, setting the contract period from November 6, 2015 to February 5, 2016, and the service cost as KRW 55 million (including value-added tax; hereinafter the same shall apply) and supply the Plaintiff.

(hereinafter “the instant app” and “the instant contract”). The payment of the price was agreed to pay 30% within five days after the completion of the contract, 30% within five days after the completion of the development, and 40% within five days after the completion of the inspection.

The main contents of the instant contract are as follows.

Article 2 (Scope of Services)

1. The scope of services is limited to those necessary for the completion of project services ordered by the Plaintiff.

2. The plaintiff may request the provision of services not included in the scope mentioned in the preceding paragraph only with the consent of the defendant, and the expenses and the cost required therefor shall be determined by a separate agreement.

(IOS, Adroid Development Services (IOS, Adroid)

1. The plaintiff and the defendant shall implement the contract by mutual consultation at each stage so that the execution of this service is completed within the project schedule.

2. The liability for delay shall be borne by the expenses additionally incurred on the side which causes the delay, and the responsibility shall be clearly defined by mutual agreement, by means of a mutually agreed schedule, execution plan, minutes, e-mail, etc.

Article 11 (Examination) 1.

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