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(영문) 서울중앙지방법원 2015.12.01 2015나27896
용역비
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Determination on the cause of the claim

A. The following facts do not conflict between the parties, or can be found in full view of the entries in Gap evidence 1 to 6 (including paper numbers) and the whole purport of the arguments.

(1) On August 21, 2012, the Defendant awarded a contract to the Plaintiff for the development of the instant app (hereinafter “C”).

(hereinafter referred to as “the instant primary contract”). The primary content of the instant primary contract is as follows.

Article 3 (Examination) (1) Upon completing this contract, the Plaintiff shall submit a completion report and undergo necessary inspection.

(2) Upon receipt of a completion report under paragraph (1), the defendant shall commence an examination within seven days from the date of receipt.

(3) After the examination, the defendant shall verify the development products through his/her own test, and the plaintiff shall accept the request related to development necessary for the test.

(4) The list of programs to be submitted shall be prescribed by the Hydrid Capital and the source code, server display system, and related manuals, and the server display code shall not be provided.

⑤ Upon the Defendant’s request for server servers, the Plaintiff received the total sale million won (8,000,000 won) and provides server servers.

6. When the plaintiff provides a server server, the defendant shall use it only for its own development purpose, and shall not leak or sell it to the outside.

Article 5 (Gratuitous Repair Period) The period of repair and maintenance for defects in completed articles in connection with a contract shall be two months after the completion of an examination.

Article 7 (Payment of Price) The price for this Agreement shall be paid in accordance with the following methods and shall be paid in cash:

(1) The total contract amount shall be the sale million won (8,000,000 won) in daily gold.

(2) The payment shall be made in cash.

(3) The advance payment shall be paid 30% (2,400,000 won) after the contract is made within five days, and 30% (2,400,000 won) after one month, and 40% (3,200,000 won) after the completion of the final development and delivery inspection shall be paid within five days.

④ The defendant's price.

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