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(영문) 서울중앙지방법원 2016.06.09 2014가단5228313
손해배상(기)
Text

1. The Defendant’s KRW 7890,000 and the Plaintiff’s 5% per annum from August 22, 2014 to June 9, 2016.

Reasons

1. Basic facts

A. On October 16, 2013, the Plaintiff entered into a contract with the Defendant with the content that the Plaintiff would develop and supply the “Kamerra Round” and the “Program” (hereinafter “instant product”) to the Defendant, in line with the carmerass, red seed-raising algorithm, etc. provided by the Defendant.

(hereinafter “instant contract”). The important contents of the instant contract are as follows.

Development period: From October 21, 2013 to January 20, 2014: Change in the history of 42 million won (a down payment of KRW 21 million, a balance of KRW 21 million, and a surcharge separate): In the event that the defendant requests a change in the development history, the development period and development expenses may be changed to an agreement (the defendant), etc.: In the event that the plaintiff fails to complete the development even though a considerable extension has been granted after the expiration of the development period, all the development results shall be owned by the defendant, and the development expenses shall be settled.

(b).

When the development period of the instant product was delayed, on March 18, 2014, the Plaintiff made a revised proposal to extend the development period, etc. to the Defendant by May 1, 2014, and the Defendant approved it.

C. Around June 25, 2014, the development of the instant product was not completed until the above revised development period, and B, the Plaintiff’s representative director, prepared a written confirmation that the Plaintiff promised to submit the protool (protool) of the instant product by June 30, 2014 at the Defendant’s request.

On June 26, 2014, the following day, the Plaintiff sent an e-mail to the effect that the preceding algorithm (pre-algorithm that can distinguish snow before the red algorithm) provided by the Defendant is necessary. On July 4, 2014, the Plaintiff sent an e-mail to the effect that the contract of this case would be terminated, and reached the Defendant each time.

E. The Defendant’s result developed on July 4, 2014 by the Plaintiff until that time.

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