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(영문) 서울중앙지방법원 2016.03.18 2015나46781
원상회복 등
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall set up B website programs from the plaintiff.

Reasons

1. Basic facts

A. On September 1, 201, the Plaintiff prepared for the start-up of social money business and completed business registration under the trade name “E”, and the Defendant is a corporation established on October 21, 201 for the purpose of “software advisory, development and supply business.”

B. On June 8, 2011, the Plaintiff entered into a contract for the production and installation of a web site (hereinafter “instant contract”) with the Defendant (former company prior to its establishment”). The main contents are as follows.

Article 3 (Period of Contract) The period of contract for the production and installation of web site shall be from June 8, 201 to August 17, 2011, and the period of execution of maintenance and repair shall be one month after the completion of development.

(hereinafter omitted) Article 4 (Scope of Services) “B” (Defendant) provides “B” to “A” (Plaintiff) the scope of services is the production, installation, DB design and construction, DB integration and fashion linkage, maintenance and repair and all other services incidental thereto.

Article 5 (Scope of Products) "B" shall specify the scope of products to be installed on the website within the agreed period in the separate implementation plan.

Article 8 (Extension of Term of Contract and Additional Expenses Liability) If necessary for the efficient performance of the services, "A" and "B" may be extended by mutual agreement at least one week prior to the termination of the contract.

Provided, That if the contract period is extended at the request of “A”, the additional costs incurred therein shall be determined in consultation between “A” and “B”, but where the simple extension of the period and the work changes within 10 per cent of the scale of production, additional costs, other than the final estimate, shall not be calculated.

Article 9 (Payment for Services)

1.A “A” shall pay “B”, in return for a service, the amount determined to:

Terms and Conditions of Payment: A shall pay the contract price in installments to "B" as follows:

The retainers: The balance of KRW 50 million in daily gold (Won 14,00,000) within three days after the conclusion of the contract:

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