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1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 11,50,000 as well as the full payment from November 24, 2016.
Reasons
1. Grounds for demanding the principal lawsuit and the counterclaim;
A. The Plaintiff and the Defendant entered into an entrustment contract with respect to the development of apps for daily brokerage services with a service cost of KRW 14 million, and the Defendant agreed to pay KRW 1.5 million for the additional work cost to the Plaintiff. Although the Plaintiff completed the development of apps, the Defendant paid KRW 4 million to the Plaintiff and did not pay the remainder of KRW 1.5 million for the service cost, the Plaintiff sought payment of the unpaid service cost to the Defendant. As such, the Plaintiff sought payment of KRW 1.5 million to the Defendant.
B. The Plaintiff did not complete the app development by January 20, 2016, which is the date of payment stipulated in the service contract, and the Defendant received a claim for damages of KRW 20 million from C which entered into a license agreement with the Defendant, and also incurred a business loss of KRW 15 million to the Defendant. As such, the Plaintiff is obligated to compensate the Defendant for damages of KRW 35 million due to the Defendant’s failure to implement the service contract.
2. Facts of recognition and judgment
A. The Plaintiff and the Defendant, on November 16, 2015, set the development service cost of KRW 14 million and the term of the contract from November 10, 2015 to January 20, 2016, are to develop a daily distance brokerage service app to be used by the Plaintiff (hereinafter “instant service contract”).
(2) On November 23, 2015, the Plaintiff drafted the instant service agreement, and the Plaintiff started to develop the app on November 10, 2015. (2) The instant service agreement was conducted by submitting the results developed by the Plaintiff to the Defendant according to the app Development scenario provided to the Plaintiff. D, the Defendant’s employee, sent the changed app Development scenario to the Plaintiff on November 23, 2015.
3) The Plaintiff sent the app file developed on January 6, 2016 to the Defendant by e-mail. D, on January 28, 2016, requested the Plaintiff to add the content of the app to be developed, agreed to pay KRW 1.5 million as additional service cost. 4) The Plaintiff sent the app file revised to the Defendant on February 5, 2016, and to the App Market.