(영문) 서울중앙지방법원 2019.10.29 2018가단5256163

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(영문) 서울중앙지방법원 2019.10.29 2018가단5256163

용역비

Text

1. The Defendant’s KRW 115,50,000 for the Plaintiff and the following: 6% per annum from October 1, 2018 to October 29, 2019.

Reasons

1. Basic facts

A. On May 31, 2018, the Plaintiff engaged in Internet design and development business entered into a design and development service contract with the Defendant.

B. The content of the service contract: (1) The name of the contract: C; (2) the contract amount: the KRW KRW 150,000,000/VAT; (3) the payment method: 40% (Won 60,000,000/VAT) of the total amount; (40% (Won 60,000,000/VAT) of the total amount; and (30% (Won 45,000,000/VAT/T) of the total amount of the intermediate payments within 14 days from the date of receipt of the written request (tax invoices) after the examination of the primary products; and (4) the balance was 30% of the total amount (Won 45,00,000/VAT) after the examination of the final products; and (5) the payment was made within the period of contract within 14 months from the date of receipt of the written request (tax invoices) after the examination of the final products; and (5.

C. From June 1, 2018 to August 31, 2018, the term of the contract was from June 1, 2018, the Plaintiff carried out design and development work and carried out the primary output in the Internet account as determined by the Defendant, which is the scheduled date of delivery of the separate set plan, and shared the primary output in the file.

At that time, the Plaintiff issued the written request (tax invoices) to the Defendant.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 16 (including the provisional number), the purport of the whole pleadings

2. According to the above facts of recognition, the defendant is obligated to pay 115,50,000 won [=(amounting to 60,000,000 won intermediate payment of intermediate payment of KRW 45,000 x 1.1] and for this, 6% per annum as provided by the Commercial Act from October 1, 2018 to October 29, 2019, which is the date of this decision, and 12% per annum as provided by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

As to this, the defendant violated the confidentiality duty of the plaintiff.

At the time, the representative director of the defendant has abused his power of representation and entered into a contract for D.

참조조문

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