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Reasons
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(영문) 서울중앙지방법원 2016.10.07 2015나45207
매매대금반환
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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is a company that conducts electronic commerce, etc., and the Defendant is a company that runs the Internet service, web application development, etc.

B. On January 30, 2013, the Plaintiff appears to be a clerical error as of January 30, 2013 as of January 30, 2012 on the date of concluding the contract under the Evidence A (Contract) No. 1 (Contract).

피고와 사이에 원고가 운영할 타임스팟 애플리케이션 개발 및 제작을 위한 계약을 체결하였는데(이하 ‘이 사건 제1계약’이라 한다), 그 주요 내용은 아래와 같다.

Article 2 (Contents of Services) 1: The delivery period: The delivery period for delivery of all completed programmings to the Plaintiff and the Plaintiff, in return for the supply of services under this contract, shall be adjusted by mutual agreement, if the development date is delayed due to the delay in the preparation of app DB linkage between the Plaintiff and the Defendant on May 15, 2013. This contract shall be within 3.5 months from the date of conclusion of the contract signed by the Defendant, which entered into force and completed the final delivery of services. Article 5 (Expenses and Payment Methods) 1) The time of delivery shall be within 400 won and 3.00 billion won in exchange for the supply of services to the Plaintiff by the Defendant under this contract.

2) In return for the service, the Plaintiff shall pay the following amount to the Defendant. Within seven days after the conclusion of the contract: The remainder of KRW 12,000,000 (excluding value-added tax): Within 60 days after the contract is concluded: Within 12,00,000 (excluding value-added tax): Article 7 (Separate Value-Added Tax) of the Act (No. 16,000,000 won) (No. 16,000 won after the completion of the creation of the website shall be completed and supplied to the Plaintiff so as not to cause any trouble to the project; if the Defendant’s supply is delayed due to the Defendant’s cause, the Defendant may interfere with the project.

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