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(영문) 서울중앙지방법원 2017.07.21 2016가단149341
용역대금 등
Text

1. The Defendant shall pay to the Plaintiff KRW 184,584,985 and the interest rate of KRW 15% per annum from December 23, 2016 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a legal entity that develops software and provides consulting services, and the Defendant is a legal entity that operates and manages Internet services.

B. Upon the Defendant’s request, the Plaintiff concluded the following service contracts (hereinafter “instant service contracts”) and provided software services to the Defendant.

1) The content of the service: The term of the app service contract for the app service and the fash (hereinafter referred to as “1 service”) with a spectrum on the app that has been initially opened in accordance with the first open spectrum: the service price from July 8, 2013 to September 28, 2013: KRW 220 million (including value-added tax): the term of the service contract for the service of operating/maintenance the fash system (hereinafter referred to as “2 service”): From November 21, 2013 to August 31, 2014: the service price of KRW 90 million (including KRW 10 million per month, value-added tax):

C. On June 9, 2014, the Plaintiff completed the development upon the Defendant’s request to the Plaintiff to develop an unsatisfyfy which requires KRW 17.6 million (hereinafter “instant advancement”). On the other hand, the Plaintiff provided text services equivalent to KRW 12,984,985 (hereinafter “instant text services”).

The Defendant paid only KRW 165 million out of the total amount of KRW 319 million for the instant service contract, and did not pay the remainder of KRW 154 million and the service cost for the advancement of the instant service and the text service.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including branch numbers in case of additional number), the purport of the whole pleadings

2. According to the above facts, barring special circumstances, the Defendant is obliged to provide the Plaintiff with unpaid service costs of KRW 184,584,985 (i.e., KRW 12,984,985, KRW 17.6 million - KRW 165 million - KRW 165 million), and as sought by the Plaintiff, to the day following the delivery of the copy of the instant complaint from December 23, 2016 to the day of full payment.

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