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1. The Plaintiff (Counterclaim Defendant) shall pay 50,000,000 won to the Defendant (Counterclaim Plaintiff) and its payment from August 23, 2014.
Reasons
1. The principal lawsuit and counterclaim shall also be deemed the facts of recognition;
A. On December 22, 2011, the Plaintiff entered into a mms development service contract (hereinafter “instant service contract”) with the Defendant with the following content, and paid the Defendant KRW 10,000,000 as down payment on the date of the contract.
(1) The name of service: ESSSSSSP establishment contract (2) service: The total service period: (3) service amount for the development of the logistics operation system (Wms) of the Chungcheong Logistics Center (Wms) : the service amount from January 1, 2012 to June 30, 2012: 10,000 to June 30, 2012: the payment period of the down payment of KRW 100,000 (Value-added tax Map) (5): 10,000,000, the contract conclusion of KICK-OF intermediate payment of KRW 40,000,00,000, and the balance of 50,000,000,000,000,000,000,000, and 1,000,000,000,000,000,000: the general service terms of this contract: the purpose of Article 2 of this project is to establish an “Additional Development Management System”
(7) Article 6 of the above general conditions: The defendant shall place the developer corresponding to the main contents of the service in the project operation site prior to the commencement of the project, appoint one of them as the on-site agent, and notify the plaintiff. The on-site agent must have qualifications equivalent to those of the service performed for at least 10 years.
(8) Article 22 of the General Conditions: The plaintiff may cancel or terminate all or part of the contract in a case where the defendant violates the terms and conditions of the contract and the purpose of the contract cannot be achieved due to such violation; and the cancellation or termination shall take effect immediately after the plaintiff notifies the defendant in writing.
B. The Defendant, in accordance with the instant service agreement, is a logistics operating system even where goods are transferred from the Plaintiff’s logistics warehouse located in Gwangju City to the Chungcheong Logistics Center, while developing the logistics operating system and conducting the test.