(영문) 서울중앙지방법원 2019.11.27 2016가단5177686

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2019.11.27 2016가단5177686

손해배상(기)

Text

1. The Defendant (Counterclaim Plaintiff) KRW 75,000,000 against the Plaintiff (Counterclaim Defendant) and

(a) Of them, KRW 60,000,000 shall be applicable.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

On March 10, 2016, the Plaintiff, upon entering into a basic contract, announced a competitive bid to select a development company for the P2P lending brokerage system (hereinafter “instant platform”). On March 18, 2016, the Defendant, who submitted the proposal on March 18, 2016 (hereinafter “instant proposal”), was selected as the development company.

On April 7, 2016, the Plaintiff entered into a contract with the Defendant for the instant platform development (hereinafter referred to as “instant contract”). From April 7, 2016 to July 31, 2016, the Plaintiff entered into a contract with the content that the contract amount of KRW 150,000,000 (excluding value-added tax) and the contract period from April 7, 2016 to July 31, 2016 (hereinafter referred to as “instant contract”).

Of the terms of the instant contract, the provisions relevant to the instant case are as follows.

(5) The term "development completion" means a buyer's equipment with S/W and applied S/W and passed an inspection by the buyer or the person designated by the buyer after passing an operation test, and the normal service is completed.

Article 5 (1) The supplier may, after completion of the examination in accordance with Article 18, claim to the buyer the price specified in this contract, accompanied by a certificate of examination, and the buyer shall pay the price within 30 days from the date of receipt of the supplier's request.

(2) A supplier shall request a buyer to pay the price according to the following timing for payment, and the buyer shall pay the price in accordance with the conditions of payment:

1. The time of advance payment shall be within 30 days from the date of claiming the price after concluding a contract;

2. The time to pay any balance shall be within thirty (30) days from the date of the final examination after the completion of the project. (1) The supplier shall pay the contract deposit in cash before entering into the contract in order to guarantee the performance of this contract.

However, the supplier shall be the buyer.

유사 판례

-서울중앙지방법원 2017.11.09 2016가단81025

-서울중앙지방법원 2019.05.15 2017가단5106889

-서울중앙지방법원 2015.05.13 2014가합577895

-대전지방법원 서산지원 2018.03.21 2017가단1198

-서울중앙지방법원 2018.10.19 2017가합576725