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(영문) 서울중앙지방법원 2016.10.07 2015가단5047757
용역비
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Cloud Co., Ltd. (hereinafter “CloveB”) concluded a contract with the Defendant on November 11, 2009 by being awarded a contract for the re-construction of the Industrial Bank of Korea’s website from the Industrial Bank of Korea, and entered into a re-construction agreement with the Defendant on the following content:

Contract period: From November 3, 2009 to May 2, 2010: The payment period: May 2, 2010: The contract amount: 30,000,000 won: The delayed compensation rate: 2.5/1,000 of the contract amount per day of delay for the performance of defects per day of delay: 12 months after the final inspection.

B. On November 20, 2009, the Defendant entered into a contract for re-construction on the Industrial Bank of Korea website (hereinafter “instant development contract”) with the Plaintiff regarding the development portion as follows.

The Industrial Bank of Korea concluded a contract to reconstruct the following contents on the Industrial Bank of Korea website:

Contract period: From November 3, 2009 to May 2, 2010: The payment period: 155,000,000 won: the contract amount on May 2, 2010: The delayed compensation rate: 2.5/1,000 of the contract amount per day of the day of delay: the 12-month payment conditions after the last inspection - the payment method: Cash payment rate: within 15 days after the inspection and the original inspection - Cash payment rate and amount: 30% (the claim after the second interim report), the intermediate payment 30% (the second interim report is completed), the full payment amount: 40% (the claim after the completion of the last interim report) of the contract amount: the contract period for the construction of the Industrial Bank of Korea website executed by the Defendant with all business related to the development of the goods on the website of the Plaintiff and with respect to the final scope of the business scope set out in paragraph (2) of the contract, and the Plaintiff's performance or negligence does not meet the work scope.

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