beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 12, 2014, the Plaintiff and the Defendant entered into a contract for the development of flusal learning with the purport that the Plaintiff, by September 10, 2014, shall conduct the establishment of the Defendant’s flusal learning system, and the Defendant shall pay 48950,000 won to the Plaintiff.
(hereinafter “instant contract”). (b)
On July 8, 2014, the Plaintiff and the Defendant drafted a contract modification agreement with the purport that partial adjustment of the scope of the Plaintiff’s development activities under the above contract terms, the development period shall be reduced to August 8, 2014, and the service price shall be reduced to KRW 38.5 million.
C. According to the instant contract, the Plaintiff shall develop the final performance within the development period and submit it to the Defendant (Article 8(1)), and when submitting the final performance to the Defendant, the Plaintiff shall request the Defendant to conduct an examination in writing, and only when the Defendant issues a tally approval certificate, or when the Defendant’s approval for examination is deemed to have been granted for a certain reason, the Plaintiff may claim the payment of the remainder
(Article 10). (d)
The Plaintiff supplied intermediate performance items to the Defendant in accordance with the amendment of the instant contract, and the Defendant paid the Plaintiff a sum of KRW 22,830,000,000, including down payment and intermediate payment, by August 12, 2014.
E. The Plaintiff did not request the Defendant to conduct a written examination of the final products until now.
[Ground of recognition] Unsatisfy, Gap 1-1-3, the purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. 1) On December 1, 2014, the Plaintiff completed additional development upon the Defendant’s oral request in addition to the services under the instant contract, and supplied the Defendant with the final result on December 1, 2014, and the cost incurred in additional development reaches a total of KRW 49,417,242. 2) If so, the Defendant added the remainder of the service costs under the instant contract (= KRW 38.5 million-2,2830,000) to the Plaintiff.