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(영문) 수원지방법원성남지원 2015.01.05 2013가단45364
용역비
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 February 28, 2012, the Plaintiff agreed with the Defendant as KRW 110,00,000 (including value-added tax) and entered into an online e-mail purchase brokerage site and mobile app development service contract (hereinafter “instant primary contract”).

B. The Plaintiff and the Defendant reduced service charges of KRW 85,800,000 (including value-added tax) on August 8, 2012. The Plaintiff and the Defendant entered into an amendment agreement under which the Plaintiff would develop and provide the website and mobile app planning, design, and softwareing services among the terms and conditions agreed upon in the instant first agreement (hereinafter “instant amendment agreement”) to the Defendant by September 20, 2012, except to the scope of services that the Plaintiff is required to perform.

C. The Plaintiff completed the development of the container user site and the container store site among the terms of the instant modified contract, and the Defendant paid the Plaintiff KRW 44,000,000 (including value-added tax) out of the service fees agreed upon under the instant modified contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 6, the purport of the whole pleadings

2. The Plaintiff’s assertion and judgment asserted that the Defendant did not pay KRW 41,80,000 of the service price agreed upon in the instant modified contract even though the Plaintiff completed all of the services specified in the instant modified contract, but it is insufficient to recognize that the Plaintiff performed all of the services of the instant modified contract’s 2-1, 2, 4, 5, 7, and 8, in light of the respective descriptions of evidence Nos. 3-2, 4, 5, 7, and 8, 3-2, 2-2, 2-2, and 3-6, and 3-6, 3-2, 3-2.

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