(영문) 서울중앙지방법원 2015.07.24 2014나31157

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(영문) 서울중앙지방법원 2015.07.24 2014나31157

계약금반환

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On June 28, 2013, the Plaintiff entered into a contract for ERP construction (including installation and education of products) with the Defendant, who is a software development, sale, and consulting company, to establish a down payment of KRW 16.5 million (including value-added tax) and the remainder of KRW 16.5 million (including value-added tax) on the Plaintiff’s computer system, and paid the said contract amount to the Defendant on July 5, 2013. The main contents of the instant contract are as follows.

Article 2 (Definition and Scope of Application)

1. “ERP” or “products” refers to a program that “A” develops and is intended to supply “A” to “A,” which refers to the products of “Seoul ERPP GOLD.”

2. The term “ERP construction” means the provision of goods in the list of supply of documents, ERP products, ERP construction consulting (attached 1-Written estimates);

Article 3 (Delivery of Goods, Payment Period and Construction)

3. The installation of fashion products (based on products currently sold in the city on June 28, 2013) shall be established within the date on which consultation between “A” and “B” parties to the contract has been made.

4. After the expiration of the payment period, cooperate in completing the education and guidance of the program and an explanation on the additional functions, and in completing the condition that the “A” employer is unreasonable for the use thereof.

5. ERP construction shall be completed within three months from the date of the contract, and the final inspection shall be conducted at the time of completion of the provision of the goods in the supply list of the documents [Attachment 1] document.

Article 4 (Inspection of Products)

1. As a result of the examination of “A”, where the installation of “B” has been confirmed to be incomplete due to technical defects or non-use or natural disasters, etc. in whole or in part of the products supplied by “B”, “B” shall be in good faith in accordance with the direction of “A”.

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