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(영문) 서울남부지방법원 2018.01.26 2017가합102380
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. The Plaintiff is a stock company with each objective of the software development and distribution business, etc., and the Defendant entered into a service contract with C Co., Ltd. (hereinafter “C”) on April 21, 2015, on the following grounds: (i) the status of the parties and the conclusion of the service contract; (ii) the Defendant entered into a “service contract” with D (hereinafter “C”); and (iii) the instant project “D”.

The main contents thereof are as follows:

The name of the project under the service contract: The contract period from April 22, 2015 to August 19, 2016: the method of paying KRW 2,126,960,00 (including value-added tax): 2,339,656,00 (including value-added tax): 30% in advance, the intermediate payment first (20%) the intermediate payment first (20%) the intermediate payment second (25%) the payment conditions for the remainder (25%): 30% in advance, the intermediate payment (25%) the payment period: 45% in advance (1%) the intermediate payment (20% in advance), the intermediate payment second (25%) the remainder payment period: 25% in advance: 2.50/1,000 (total contract amount per day): the Defendant shall perform the duty of compensation for delay attached to the general contract terms and conditions under Article 4 (1).

(2) The defendant shall prepare and submit a business completion report to C after the completion of business.

Article 7 (Commencement and Report of Business) (1) The defendant shall commence the implementation of this contract according to the time and procedure set forth in the detailed statement of business, and shall submit a commencement report including the following matters to C within 10 business days from the commencement date:

1. Specific details of business (Scope, appearance, place of business execution, place of delivery, etc.);

3. Article 9 (Entry Plan for Major Human Resources and Equipment) (1) The defendant shall employ human resources with skills and experience necessary for the implementation of this Agreement.

(2) When commencing and reporting under Article 7, the defendant shall submit to C data verifying the qualifications and technical requirements of input personnel.

Article 13 (Inspection) (1) The defendant shall be subject to the relevant software and the object of a contract to C in accordance with the procedures and time for inspection by phases set out in the business statement.

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