(영문) 춘천지방법원 2018.10.16 2016가단51760

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(영문) 춘천지방법원 2018.10.16 2016가단51760

손해배상(기)

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1. The Defendant (Counterclaim Plaintiff) B corporation is the Plaintiff (Counterclaim Defendant) corporation with KRW 1,0120,000,000 and its amount.

Reasons

1. The principal lawsuit and counterclaim between the Plaintiff, Gangwon-do Co., Ltd. and the Defendant B Co., Ltd.

A. Judgment 1 on the claim of the principal lawsuit ) The fact of recognition is that the plaintiff Kang Jin-Jak Co., Ltd. (hereinafter "the plaintiff company").

Defendant B Co., Ltd. (hereinafter “Defendant Company”) is established for the purpose of constructing, managing, and operating railroad tourism development facilities.

The purpose of the software package development and sale is a company established for the purpose of the development and sale of the software package. On June 4, 2013, the Plaintiff Company: (a) a service agreement with the Defendant Company setting the production of the Plaintiff Company’s publicity site at the contract price of KRW 18.4 million (excluding value-added tax) and the contract period from June 4, 2013 to July 25, 2013 (hereinafter “instant website service agreement”).

A) A contract was made and paid 10,120,000 won (including value-added tax) out of the price. The Defendant Company, Article 2 (Terms of Contracts) submitted to the Plaintiff Company, within the contract period, results developed on the basis of a detailed business statement determined at the time of agreement with the Plaintiff Company or the Plaintiff Company with its customer company. The terms of the contract may be modified under the agreement between the Plaintiff Company and the Defendant Company.

1. The contract period shall be from June 4, 2013 to July 25, 2013;

2. Where the business operation of the plaintiff company is completed due to the termination of the contract period, or where the plaintiff company and the defendant company agree, the period may be reduced or adjusted;

3. The open schedule of the establishment system shall, regardless of the duration of the contract, be determined by mutual agreement between the Plaintiff and the Defendant Company.

Article 4 (Contract Amount) The contract amount of this service shall be 18,400,000 won per day (excluding value-added tax).

Article 6 (Price Payment and Method)

2. 50% of the advance payment (9,200,000) shall be paid within seven days after the conclusion of the contract.

3. The balance of 50 per cent (9,200,000) shall be paid within seven (7) days after the delivery and system open.

Article 13 (Cancellation of Contracts and Termination in accordance with Non-performance of Contracts)

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