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(영문) 서울중앙지방법원 2016.01.28 2014가단5201240
용역비
Text

1. Defendant SM protocol Co., Ltd.: (a) KRW 85,000,000 for the Plaintiff and its related thereto from October 6, 2014 to September 30, 2015.

Reasons

1. Basic facts

A. On September 12, 2013, the Plaintiff entered into a service contract with Defendant EM to perform program development services for building a medical tourism shopping mall site in China (hereinafter “instant service contract”), and the main contents of the contract are as follows.

Article 3 (Terms and Scope of Contracts)

1. The present contract agrees to develop and supply the project “B” with the objective of “A” by establishing the project “B,” and the “A” agrees to pay the development cost to “B.”

2. “B” is to carry out the “project” in accordance with this Agreement, and to refer to Appendix 1.

Article 4 (Definitions of Terms)

1. The term “project” under this Agreement means that “B” provides services, including support for the establishment of relevant systems, such as planning, analysis, design, and development, and support for education and operation, ex post facto maintenance, repair, etc., related to “establishment of the shopping mall site for Chinese medical tourism services.”

2. The term "establishment of a shopping mall site for Chinese medical tourism services" means a system that enables Chinese people to make up for and manage medical services, tourism, etc.

Article 6 (Term of Contract)

1. The term of this Agreement shall be from the date of conclusion to the date of completion of the project.

2. “B” shall complete the development of the program of this project by November 30, 2013.

3. The date of the completion of the project means the date on which “B” completes the development of the program set out in Appendix 1, delivers the final products set out in Article 9 to “A”, and submits the final report set out in Article 7 to “A” and receives a written confirmation of the final examination of “A”.

Article 7 (Continuation and Inspection)

4. “B” shall submit to “A” a report on completion and performance of the project under Article 6 (Building Period), and the report on performance of the project. “A”

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