The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

1. Basic facts

A. The Plaintiff (C Co., Ltd. changed from June 19, 2018 to the current trade name) is a company aimed at building a database, related manufacturing business, software development business, etc., and the Defendant is a company aimed at developing and supplying software, system applied software development and supply business, etc.

B. On November 17, 2017, the Plaintiff entered into the instant technical service agreement with the Defendant (hereinafter “D”). The main contents of the instant service agreement include: (a) the Defendant developed a project output related to the system construction work and provided the Plaintiff to the extent of January 16, 2018; and (b) the Plaintiff pays KRW 26,400,000 (including additional taxes; hereinafter the same shall apply) to the Plaintiff on December 15, 2017, on the last day of the following month in which it receives the remainder from the original office.

C. The plaintiff is the defendant.

On December 21, 2017, the payment date of KRW 10,000,00 on December 21, 2017, and KRW 5,840,000 on December 28, 2017, respectively, paid KRW 15,840,00 in total.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The gist of the Plaintiff’s assertion was that the Defendant did not deliver the outcome of the instant contract to the Plaintiff by January 16, 2018, despite having received advance payment of KRW 15,840,000 from the Plaintiff in accordance with the instant service contract.

Therefore, since the Plaintiff notified the Defendant of the rescission of the instant service contract on March 18, 2018, the Defendant is obligated to return the said KRW 15,840,000 that the Plaintiff paid to the Plaintiff, and to pay the Plaintiff the compensation for delay equivalent to KRW 15,840,00 for 60 days from January 17, 2018 to March 17, 2018 pursuant to the agreement on compensation for delay (1/100 of the daily contract amount) stipulated in the instant service contract for damages incurred by the Plaintiff (i.e., 60 days x contract amount 26,40,000 x 1/100).

B. The defendant's arguments are as follows.