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(영문) 서울중앙지방법원 2017.07.20 2016가단5218334
약정금
Text

1. The Defendant’s KRW 25,00,000 as well as the Plaintiff’s annual rate of KRW 6% from May 1, 2016 to July 20, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that runs the web design and web site production and sales business, and the Defendant (the Montreal et al., a company prior to the mutual change) is a company that runs the domestic and overseas general travel planning business.

B. On November 9, 2015, the Plaintiff entered into a website system construction contract with the Defendant (hereinafter “instant service contract”) and entered into the contract as of December 11, 2015, and the part relating to the instant case is as follows:

(B) In the following, “A” refers to “A” and “B” refers to the Plaintiff. 12,500,000 down payment (including VT) 12,50,000 won (including the scope of duties of A) and 2 (including VT), Article 2 (Scope of Duties of A) provides all the data necessary for building the site (category, image, text content, etc.). Article 3 (Scope of Duties of A)

(a) Building a site A;

(b) Article 5 (Period of Development) of the maintenance and repair of burners after the site is constructed;

1. The period of web site development shall be until 2015.

2. B is to complete up to the stage at which the website may be opened online within the relevant schedule.

Article 6 (Payment of Price)

1. A shall pay 12,500,000 won to B as the account designated by B by no later than January 2015;

2. A shall, after examining the web site produced to B, pay 12,500,000 won of the completion price on to the account designated by B.

3. B shall initiate server hosting operations at the same time as receiving the completion fees to Gap.

C. On December 20, 2015, the Plaintiff completed work up to the stage of opening the website, and was examined by the Defendant, but the Defendant did not pay all the proceeds, such as down payment.

[Ground of recognition] Evidence No. 1, Evidence No. 3, Evidence No. 10-1 to 18, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. (1) The Defendant is obligated to pay the instant service price to the Plaintiff pursuant to Article 6 of the instant service contract, except in extenuating circumstances.

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