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(영문) 서울서부지방법원 2015.10.28 2014가단229798
매매대금반환
Text

1. The Defendant’s KRW 35,420,00 and the following day shall be 6% per annum from May 17, 2014 to June 5, 2014 to the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. In fact, the Plaintiff is a company established for the purpose of the fire-fighting equipment construction business, etc., and the Defendant is a company established for the purpose of design development business.

On February 12, 2013, the Plaintiff concluded a service consignment agreement (hereinafter “instant service agreement”) with the Defendant, setting the contract period from February 12, 2013 to April 30, 2013 as the contract period, the contract amount of KRW 50,60,000, and the delivery date as of April 30, 2013.

The Plaintiff paid 3,5420,000 won to the Defendant in total as down payment and intermediate payment under the instant service contract.

The Defendant failed to complete the work of New Friice on the website by April 30, 2013, which is delivery date, and thereafter, the work of new riice on the website was not run properly.

From March 2014, the Plaintiff requested the Defendant to resume work on its website, and the Plaintiff and the Defendant agreed on the contents of work.

In the process, the defendant concluded a contract with the plaintiff to renew the work and notified the plaintiff that it is possible to pay advance payment work, and did not proceed with the website work, etc. under the contract of this case.

On April 23, 2014, the Plaintiff requested that the Defendant cancel the instant service agreement if the Plaintiff did not respond properly to the request on April 29, 2014, when the Plaintiff requested that the Defendant provide the specific details of each item of service that the Defendant provided or should complete pursuant to the instant service agreement and the materials proving that the service amounting to KRW 3,5420,000 already paid was in progress.

As the Plaintiff did not receive an answer to the above notification from the Defendant, on May 7, 2014, the Plaintiff sent a content-certified mail to the Defendant, requesting the Defendant to cancel the instant service contract and return the down payment of KRW 3,542,00,000,000, which was already paid, by May 16, 2014.

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