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(영문) 서울중앙지방법원 2018.05.29 2017가단27943
용역대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 8, 2015, the Plaintiff entered into a system development agreement (hereinafter “instant E-Sop agreement”) with the Defendant on the following terms and conditions (a member information and the establishment of the event information connection system):

Article 2. 1) The contract term of this Agreement shall be from January 12, 2015 to March 11, 2015. 2) Where it is deemed necessary to extend or reduce the contract term, the contract term may be changed by mutual agreement.

Article 4 (Scope 2) The contract duration shall be automatically extended until the completion of the development work under the “statement of work” prepared by mutual consultation. (3) The work content to be provided to the defendant under this contract shall be as follows:

Completion Report, Products of Development (All Developments)

B. Other: meeting minutes WBS (AS), request for change of requirements (if necessary), contract amount under Article 6 of the report on issues (if necessary), and payment of price, the Defendant shall pay to the Plaintiff 50% of the advance payment of KRW 10,000 (10,000,000, and VAT separately) in return for the Plaintiff’s performance of development activities, at the time of the contract, 50% of the balance within 15 days after the examination.

Article 14(1) The Defendant and the Plaintiff shall faithfully perform their mutual obligations, and may demand each other to correct any nonperformance of contractual obligations, delay in performance, or incomplete exercise due to one’s fault. 2) If the party requested correction fails to correct without good cause, the other party may claim damages, and the maximum limit of the amount of damages shall be the total amount of damages.

B. In addition, on March 30, 2015, the Plaintiff entered into a contract with the Defendant for the development of the table PC system for the members of the Namnam Guard (hereinafter referred to as “the table PC contract”) by stipulating that the contract amount of KRW 12,000,000 (excluding value-added tax), the contract period from March 30, 2015 to April 17, 2015, the payment shall be 50% of the advance payment at the time of the contract, and the balance within seven days after the examination shall be 50%.

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