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(영문) 서울중앙지방법원 2020.11.17 2020가단5040071
손해배상(기)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On September 20, 2019, the Plaintiff entered into a service contract (hereinafter “instant contract”) with the Defendant and C (hereinafter “C service”) and D service (hereinafter “D service”), and with respect to C service, as follows (hereinafter “instant service”).

(A) The purpose of this Agreement is to prescribe the rights, obligations, and other matters of the Parties relating to the entrustment of the development of a set of services for C/D services in service and the implementation thereof by the Party A.

Article 2 (Scope and Period of Development) (1) A shall develop a course of business related to C/D services being developed by A.

(2) The scope and duration of development shall be subject to separate data attached to the agreement.

Article 3 (Price and Payment Method) (1) A shall pay to B the total amount of KRW 52,00,000 for the development services under this Agreement as follows:

- Development services costs include planning, programs, and data processing costs for the content of the business.

- A shall pay to B 26,000,000 won, which is 50% of the total amount at the time of the conclusion of this contract, as down payment within 5 days of the business day.

- After completion of the final inspection, A shall pay 26,000,000 won for total costs of 50% to B as development completion within five (5) days from the business day.

Article 4 (Delivery and Examination) (1) A shall deliver information necessary for development, such as existing development licenses, to facilitate the smooth development of B.

Article 11 (Compensation and Delay Compensation) (2) If the result of the contract is not supplied within the contract period, the amount calculated by multiplying the total amount per 1/1,000 of the contract by the number of days for each delay shall be paid to A.

Provided, That where the delivery of the requested data is delayed due to force majeure, such as natural disasters, or because of the need for development B, it shall be excluded from the development schedule.

[Separate Data]

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