(영문) 서울중앙지방법원 2017.08.29 2015가단5014528

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자간(%)

(영문) 서울중앙지방법원 2017.08.29 2015가단5014528

대금반환등

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 8,025,60,00 to the Plaintiff (Counterclaim Defendant) and its related amount from February 7, 2015 to August 29, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On August 19, 2014, the Plaintiff and the Defendant made a mobile application with the content that the Defendant requested by the Plaintiff until November 20, 2014, and the Plaintiff entered into a mobile application manufacturing contract (hereinafter “instant contract”) with the content that the Plaintiff would pay KRW 44,00,000 (in the absence of a separate reference to value-added tax, including value-added tax; hereinafter “value-added tax”), and the mobile application that the Defendant intended to manufacture under the instant contract was called “the instant app”).

B. Pursuant to the instant contract, the Plaintiff paid each of the intermediate payment of KRW 11,00,000 to the Defendant on August 22, 2014, and KRW 11,000,000 on September 24, 2014 and October 27, 2014, and paid each of the intermediate payment of KRW 33,00,000 to the Defendant, and Article 2 (Definition of Terms) was paid in total to the Defendant.

1. The term "relevant contents" means the app content that the plaintiff requests and the defendant develops and supplies;

2.The term "relevant content" means an original document that can analyze, modify and develop "relevant content" and the list is as follows:

- Madrid/Aphone Cl. - Web managers pages

3. The term "relevant content primary minute" means a list of the following:

- the opon Audio chlorate apps;

4. The term "the second minute of content" means the following list among "the original softens":

- Mad Roddd/Aphone Cl. - Web managers pages, Article 5 (Payment)

1. The Plaintiff pays 10,000,000 won as down payment (excluding value-added tax; hereinafter the same shall apply) to the Defendant, and the Defendant shall deliver to the Plaintiff, within thirty (30) days after the opening of the development to the Plaintiff, “The content of the Acrypt, which the Defendant developed pursuant to the instant content agreement, at the intervals of the Plaintiff.”

2. The plaintiff is the defendant on September and October 2 every month 10,000.

유사 판례

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