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Reasons
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(영문) 서울중앙지방법원 2019.01.24 2016가단5045819
계약금반환 및 지체상금등 청구의 소
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1. The Defendant (Counterclaim Plaintiff) paid KRW 60,000,000 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s objection thereto from May 8, 2018 to January 24, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff (formerly: C) is a company mainly aimed at the automobile rental industry, etc., and the Defendant is a company that mainly aims at the development, manufacture, etc. of software.

B. The Plaintiff: (a) promised to rent a vehicle; (b) lent a vehicle in a parking lot close to his/her location; and (c) returned the vehicle at the site. The Plaintiff operated the business; and (b) furthermore, (c) concluded a contract for the development of a ASP integrated control system (hereinafter “instant system”) with the Defendant on March 26, 2015, for the purpose of making profits by providing the software in the form of an application software provision service; and (d) the Plaintiff and the Defendant entered into a contract for the development of a carping platform with the Plaintiff on March 26, 2015.

(hereinafter referred to as the “instant contract” and the “instant contract”). The main contents of the instant contract are as follows.

The plaintiff and the defendant conclude a software development contract for computer systems as follows:

Article 1 (Purpose) The Plaintiff shall entrust the Defendant with the development of the computer system (hereinafter referred to as “this system”) set forth below (hereinafter referred to as “this case’s business”), and the Defendant shall be entrusted with this.

The building system that the defendant should develop is the ASP-type integrated control system for the carphering service.

Article 2 (Time Limit, etc.) (1) The defendant shall carry out this case in good faith according to the following Schedule:

Provided, That 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 consultation with the plaintiff and the plaintiff.

1. From April 1, 2015 to June 30, 2015: Carpphering.

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