(영문) 서울동부지방법원 2017.06.14 2015가단132936

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(영문) 서울동부지방법원 2017.06.14 2015가단132936

부당이득금

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1. The Defendant: (a) KRW 18,00,000 for the Plaintiff and 5% per annum from December 17, 2015 to June 14, 2017.

Reasons

1. Basic facts

A. On March 18, 2015, the Plaintiff entered into a web site development agreement (hereinafter “instant one contract”) with the Defendant, a company engaged in software development business, etc. to request the Defendant to provide “B” services under the trade name of the job offerer “B,” whereby the contract amount of KRW 15,000,000 (excluding value-added tax; hereinafter the same shall apply) and the contract period from March 18, 2015 to May 31, 2015, the Plaintiff agreed to pay KRW 4,500,000 to the contract date, intermediate payment of KRW 6,00,000 within five days after completion of the approval of the design, and the intermediate payment of KRW 4,50,000,000, within five days after completion of the project. Accordingly, each of the contract amount of KRW 15,00,000,0000 to the Defendant.

B. On May 26, 2015, the Plaintiff agreed to pay 15,000,000 won to the Defendant within five (5) days after the completion of the project, and the contract period from May 26, 2015 to July 20, 2015, the Plaintiff entered into a mobile fishing development agreement (hereinafter “instant two contract”) requesting the Defendant to provide the Defendant with the “B” online display development services, and KRW 4,500,000 for the contract deposit, intermediate payment, KRW 6,000 for the intermediate payment, KRW 6,50,000 for the contract, and KRW 4,50,000 for the remainder, five (5) days after the completion of the project. Accordingly, on May 29, 2015, the Plaintiff paid the Defendant a down payment of KRW 4,500,000 to the Defendant.

C. At the time of each of the instant contracts, the Plaintiff and the Defendant agreed to the following regarding the damages:

(‘A’ means the Plaintiff, “B,” and “A,” respectively. Article 11 (Damages)

A. B is obliged to compensate for the additional damages and losses incurred to A due to the return of the down payment and the early termination, if it is necessary to cancel the contract earlier due to a cause attributable to B during the implementation of this contract.

B. A shall be responsible for the reasons attributable to A during the implementation of this Agreement.

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