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(영문) 서울중앙지방법원 2020.11.13 2017가단5193913
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 13,695,000 to the Plaintiff (Counterclaim Defendant) and its related amount from October 28, 2017 to November 13, 2020.

Reasons

1. Basic facts

(a) A: The Plaintiff and B: Defendant 2 (Implementation of the Contract) shall perform all the matters agreed upon with the Party A, including this Agreement, the special terms and conditions of the contract, the specifications of the demand and note, and the Party A shall cooperate in the conduct, such as smooth provision and examination of all the materials necessary for committing this act, and Party B and Party B shall perform the terms and conditions of this Agreement in good faith;

Article 3 (Examination and Delivery) A shall be supplied to A according to the payment period specified in the supply list attached to this Agreement, in which the products to be developed are indicated.

B shall ensure that A can confirm the developed product at the test server of B at the time of completion of the development of the developed product, and A shall pay completion money to B at the time of absence of any error after the final examination, and B shall supply (services) after confirming the deposit of completion money.

Article 4 (Final Delivery Date) The payment period shall expire on December 16, 2016.

Provided, That the period may be extended in the following cases:

Where the provision of plaintiff, data, etc. to be provided by Gap is delayed, if the scope of the contract exceeds the number of revisions agreed upon at Gap's request, the total contract amount under Article 8 (Contract Amount) shall be 23,100,000 won (including value-added tax) if it is necessary to extend the period at Gap's request due to a natural disaster or any other unavoidable cause and details shall be specified in the supply list of the attached documents.

Article 10 (Methods and Timing of Payment) 11,50,00 won (including Value-Added Tax) or 13 (Contract Cancellation, Termination and Damages) (including Value-Added Tax) A or B, within two days after concluding a contract, may immediately cancel or terminate this contract in writing, and at the same time claim compensation for damages sustained by the other party due to the cancellation of the contract, if the other party falls under any of the following subparagraphs:

When the plaintiff fails to perform contractual duties within the period without justifiable grounds, the plaintiff on September 29, 2016.

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