(영문) 서울동부지방법원 2021.02.17 2018가단134711

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(영문) 서울동부지방법원 2021.02.17 2018가단134711

약정금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 23, 2016, the Plaintiff entered into a “C contract” (hereinafter “instant contract”) with the Defendant with the content that the Defendant would develop a platform and pay the price for the platform. The key contents are as follows.

Article 2 (Scope of Business)

1.The scope of the platform development work carried out by “B” is as follows:

1) The remuneration shall be paid free of charge for planning, consulting and collaboration, design, development, test list 2) planning, development, and test server construction 4) web page planning, design, development, test list 5) BI, NA, 4, 6) project progress table submission 7) for the purpose of introduction

2.The detailed scope of duties shall be set out in accordance with the estimated implementation plan for the attached 1 project.

Provided, That more specific scope and schedule of duties shall be in accordance with the planning and business fairness schedule produced while carrying out the actual project.

Article 4 (Term of Contract)

1. The period of development shall be from August 23, 2016 to December 23, 2016;

2. If it is deemed necessary to extend or reduce the contract period, “A” and “B” may change the contract period under paragraphs 1 and 2 of the same Article by mutual agreement.

Article 5 (Expenses for Performance of Duties and Terms of Payment)

1. “A” shall pay “A” and “B” total of KRW 42,000,000 for the performance of its duties agreed upon.

2. “A” shall pay “B” the expenses for the performance of its duties in paragraph 1 of the same Article as follows:

- Payment of contract gold: Payment of 30% of the advance payment within seven days after the contract is completed - Payment of 30% of the intermediate payment: Payment of 30% of the intermediate payment within seven days after completion of 60% of the total process (for planning and design process, recognition as 30% of the total process): Payment of 40% of the balance within seven days after completion of the final inspection

2. The examination shall be completed within five days after the application for the examination to “A”.

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