(영문) 수원지방법원 2015.02.06 2014나28012

beta

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(영문) 수원지방법원 2015.02.06 2014나28012

개발지급금 반환 및 지체상금 등

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On June 17, 2013, the Plaintiff entered into an entrustment contract for software development with the Defendant “B smartphone game display and server “system development contract” (hereinafter “instant contract”). On the same day, the Plaintiff paid KRW 10 million to the Defendant as contract deposit. The main contents of the instant contract are as follows.

Article 2 (Time Limit, etc.) The defendant shall carry out this case in good faith according to the following Schedule:

Provided, That if it is not possible to deliver this system to the plaintiff by the deadline due to the change of specifications or other reasons, the deadline may be changed after consultation with the plaintiff and the defendant.

- From June 17, 2013 to July 22, 2013: The completion of the first development and inspection - from July 23, 2013 to August 26, 2013: The completion of the second development and inspection (beta B), - The completion and inspection (beta B), from August 27, 2013 to September 16, 2013: Quality test and revision, the App License License Registration Article 3 (Entrustment Fee) ① The Plaintiff shall pay the Defendant KRW 49,00,000,000, in total, as follows:

- 14,500,000 won - 14,500,000 won until July 24, 2013 - 14,50,000 won until August 28, 2013 - 10,000 won within 7 days after the registration of the app application of this case - 10,000,000 won

(3) In cases under paragraph (2), the plaintiff and defendant shall enter into a change contract promptly.

Article 7 (Examination) (1) The Plaintiff shall conduct an examination within 15 days after the delivery of the present system and shall promptly notify the respondent of any defect, if any.

(2) Upon receipt of the notification under paragraph (1), the defendant shall promptly make necessary corrections and re-delivery by the prescribed deadline after consultation with the plaintiff and the defendant.

3. When any notification from the plaintiff is not given to the defendant within the inspection period under paragraph (1), the system of this case supplied shall be established.

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