(영문) 서울중앙지방법원 2016.10.12 2016나9888

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(영문) 서울중앙지방법원 2016.10.12 2016나9888

용역비

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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. Facts of recognition;

A. On July 20, 2013, the Defendant entered into a web site development agreement (hereinafter “instant development agreement”) with AS Entertainment Co., Ltd. (hereinafter “AS Entertainment”). Around December 3, 2013, the Defendant entered into an extended development agreement (hereinafter “instant extension development agreement”) and a mobile web site development agreement (hereinafter “instant web site agreement”) around December 3, 2013.

B. However, the Defendant gave a contract to the Plaintiff to develop the instant mobile web site in the amount of KRW 13 million for the extended development of the instant case, and KRW 7.5 million for the Plaintiff to proceed with the development of the instant mobile web site, among the development under the instant development contract.

C. Although the development and expansion of the instant case and the development of a mobile web site were completed, the Defendant was not paid KRW 18,363,636 of the contract price of each of the instant case by AlS Entertainment (hereinafter “claim against AlS Entertainment”); and the Plaintiff was not paid KRW 15,40,000 (including additional tax; hereinafter “the instant remainder payment”), among the contract price of each of the instant case by the Defendant, and the Defendant transferred on August 1, 2014 the Plaintiff’s claim against AlS Entertainment for the purpose of securing the obligation to pay the remainder payment (hereinafter “the instant transfer and takeover of claim”).

In the contract for the transfer and takeover of the claim of this case, "the plaintiff and the defendant shall transfer to the plaintiff the claim against Al Sknman under each of the contracts of this case for the guarantee of the obligation to be borne at present by the plaintiff and the defendant in the future," and Article 2 / [Liability] provides that "the defendant shall ensure that there is no reason to oppose the defendant from Alknman in the contract for the transfer and takeover of the claim of this case."

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