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(영문) 수원지방법원 안양지원 2018.09.21 2018가단100029
손해배상(기)
Text

1. As to the Plaintiff’s KRW 48,400,00 and KRW 24,200,00 among them, the Defendant shall start on May 15, 2017, and the remainder 24,200.

Reasons

1. The first payment method between May 1, 2017 and October 31, 2017: 2nd payment of KRW 20 million on May 15, 2017: 3rd payment of KRW 20 million on June 15, 2017: 3rd payment of KRW 20 million on June 15, 2017: supply (200 million) on October 31, 2017; and

A. On May 1, 2017, the Plaintiff entered into a service agreement with the Defendant with the content that the Plaintiff would provide the Plaintiff with the development-related services necessary to carry out a multi-use Lora’s development and supply project.

(hereinafter referred to as "the instant service contract"). (b)

The Plaintiff paid KRW 24.2 million (including value-added tax) to the Defendant on May 15, 2017 in accordance with the instant service contract, and KRW 24.2 million (including value-added tax) on June 15, 2017.

C. However, on September 5, 2017, the Defendant demanded that the Plaintiff increase the service cost of KRW 90 million (excluding value-added tax). On September 15, 2017, the Defendant demanded that the certification entity of the products developed as the Defendant be the Defendant. On September 21, 2017, the Defendant demanded that the terms and conditions of the contract be modified with the content of ownership of certification and calculated results as the development entity.

The Defendant did not perform the development and supply under the instant service contract by October 31, 2017.

E. On November 17, 2017, the Plaintiff notified the Defendant that the instant service contract will be rescinded on the grounds of the Defendant’s nonperformance of obligations under the instant service contract and the Defendant’s refusal of performance.

[Grounds for recognition] The descriptions of Gap evidence Nos. 3, 5, and 15, and the purport of the whole pleadings

2. Determination:

A. According to the above facts of recognition, this case is examined.

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