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(영문) 서울중앙지방법원 2018.10.10 2017가단5082402
용역비
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 40,905,000 to the Plaintiff (Counterclaim Defendant) and its related amount from January 14, 2017 to April 27, 2017.

Reasons

1. Basic facts

A. On June 9, 2016, the Defendant constituted a consortium with the Plaintiff and C, and concluded a service contract “E” with the Gwangju Regional Government Procurement Office (U.S.C.D.) and the Ministry of Science, ICT and Future Planning (U.S.) respectively, with the term “1,551,00,000 won for contract amount,” and “1,50,000 won for delivery period, December 22, 2016, and 0.150% for delay penalty.”

B. On June 9, 2016, the Defendant and the Plaintiff concluded a separate agreement for the purpose of facilitating the construction project of the aforementioned system, and the main contents are as follows.

① Contract period: From June 9, 2016 to December 31, 2016 (Provided, That the ratio of supply and demand and the role of the defendant may be affected following the progress of a joint-demanded project) ② The ratio of supply and demand and the role of the defendant: 50%, main business operators, consulting and fashion supply rate and the role of the plaintiff: 50%, secondary business operators, and SI (SI) development ③ Where the budget has been saved with their respective efforts, it shall be completed respectively, and among the benefits of PM, the amount of KRW 52,500,000 that the defendant shall pay to the plaintiff and the amount of KRW 44,50,000 that the defendant shall pay to the plaintiff, out of the benefits of the defendant and the total amount of KRW 8,00,000 that the defendant shall pay to the plaintiff within seven days after the defendant receives the value-added tax (excluding value-added tax).

C. Around September 2016, the Defendant and the Plaintiff delayed the construction of the said system due to the deterioration of the quality of analysis/design due to the delay in the placement of experts. As such, the construction of the said system was delayed, and the period of the placement of the existing human resources was extended. The Defendant added three additional researchers around September 2016, and the Plaintiff added five developers around October 2016.

On October 6, 2016, the Defendant agreed to share 50% of the cost of human resources cost when additional human resources are inevitably generated in the future.

The details of human resources additionally invested by the plaintiff after the above agreement are as follows.

In comparison with the unit price (cost) of the person who performs the detailed work of the division, the details of the master plan and the details of the development of SI will upgrade the RBA-based fund laundering prevention system.

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