(영문) 서울중앙지방법원 2017.10.27 2015가합505163

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(영문) 서울중앙지방법원 2017.10.27 2015가합505163

용역대금반환 등

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1. As to the Plaintiff KRW 239,470,00 and KRW 102,630,00 among them, the Defendant shall pay to the Plaintiff KRW 68,420,00 from March 7, 2014.

Reasons

1. Basic facts

A. On December 2013, while the Plaintiff and the Defendant agreed to perform the work of building an integrated system to unify the systems used by the work division and PPPP (Certification of Qualification) management department, the Plaintiff was submitted a “project proposal for building an integrated system system” by the Defendant around December 2, 2013. (2) On February 3, 2014, the Plaintiff and the Defendant reported and consulted on the said proposal submitted by the Defendant, and concluded a service contract for building the Plaintiff’s integrated system (hereinafter “instant service contract”), with the following details (hereinafter “instant service contract”), and the Plaintiff paid the Defendant KRW 239,470,000 (including advance payment of KRW 102,630,000,000,000 (including late payment of KRW 102,630,000) and late payment of KRW 200,000 (including late payment of KRW 208,200,000).

Main contents of the instant service contract

1. Contract name: Construction of an integrated system;

2. Contract amount: KRW 311,000,000 won per day (excluding 311,00,000 won per day).

3. Contract term: The balance (30%) as of the end of April of the 2014 (30%) 62,200,000 won for the progress payment at the end of March of the 30th 20th 62,20,000 won for the remainder payment at the end of April of the 30th 20th 62,20,000 won for the remainder payment at the end of April (30%) within the aggregate of 31,000,000 won for the 30 days after the examination of the amount divided into the payment (excluding the additional tax) from February 3, 2014 to June 37, 2014 (e.g., cancellation or termination of a contract).

1. The Plaintiff may immediately cancel or terminate all or part of the pertinent contract in any of the following cases:

However, in the case of subparagraph 1, if the defendant fails to correct the contract within 15 days after the notice was given to the defendant in writing, the contract may be rescinded or terminated.

1) In the event that the Defendant violated the terms of this contract, the Plaintiff is difficult to complete the service performance within the contract period when the Defendant executes this contract.

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