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(영문) 서울중앙지방법원 2017.01.25 2016가단811
용역대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 34,650,000 to the Plaintiff (Counterclaim Defendant) and its related amount from December 29, 2015 to January 11, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a corporation that provides software development and supply services, and the Defendant is a corporation that provides software consulting and other services.

B. On July 13, 2015, the Plaintiff entered into a contract with the Defendant to provide the Plaintiff with the contract amounting to KRW 55 million (including value-added tax), the contract period from July 13, 2015 to September 30, 2015, and “this non-paid card mobile capital development” services.

The details of the plaintiff's work under the above contract are as shown in attached Form 1.

(C) On October 13, 2015, the Plaintiff entered into an additional contract with the Defendant, setting the contract amount of KRW 7,150,00 (including value-added tax) and the contract period from October 1, 2015 to October 31, 2015. The details of the Plaintiff’s duties under the additional contract are as listed in attached Table 2 (hereinafter “the second contract”) (hereinafter “the instant contract”). D.

The Defendant paid KRW 27,50,000,000 to the Plaintiff out of the total service cost under the instant contract.

[Ground of recognition] The evidence Nos. 1 through 3, Eul No. 7 (including Serial number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s reimbursement of KRW 34.65 million to the amount payable out of the service charges stipulated in the instant contract is sought.

B. The Plaintiff failed to complete the development of the following services: (i) the Plaintiff was unable to complete the development of the future services, (ii) the change of UI at the time of open service and the repair of defects in the phenomenon of whiteization; and (iii) the details of the instant contract were not completed, such as not conducting business support activities.

As a counterclaim, damages arising from the plaintiff's default shall be claimed.

3. Facts of recognition;

A. 1) The Defendant is a stock company and a lot information and communications company (hereinafter “slot information and communications”).

And I concluded the app Development Contract for Eb cards.

The defendant's cell phone terminal.

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