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(영문) 수원지방법원 2018.11.08 2017가단546305
손해배상(기)
Text

1. The Defendant’s KRW 9,702,00 for the Plaintiff and 5% per annum from December 20, 2017 to November 8, 2018.

Reasons

1. Facts of recognition;

A. On October 16, 2013, the Defendant entered into a contract with the Plaintiff on the condition that the Defendant would develop and supply the “Kamerer Round” and the “Program” (hereinafter “instant product”) to the Plaintiff, in line with the Plaintiff’s Kamerass, red seeding algorithm, etc. provided by the Plaintiff.

(hereinafter “instant contract”). The main contents of the instant contract relating to the instant case are as follows.

The development period (Article 4): Within three months from the date of payment of down payment, and the scheduled development period shall be October 21, 2013 to January 20, 2014.

Provided, That the period of development may be adjusted only when a ground mutually recognized by the plaintiff and the defendant arises, and when a separate expense is incurred, additional settlement may be made within the extent mutually recognized.

Development cost (Article 8): Change of the amount of 21 million won and the remainder of 21 million won and the aggregate of 42 million won and the amount of 42 million won (excluding value-added tax): In the event that the plaintiff requests a change in the development volume in the course of the defendant's execution of the development of this contract, if the plaintiff requests a change in the development volume in this contract, the development period and development costs of this contract may be changed by mutual agreement.

A change in the development period (Article 11): If it is impossible to complete the development of this Agreement within the development period under Article 4, the defendant shall immediately notify the plaintiff in writing of the reason and completion schedule, and in such cases, it may change the development period with the consent of the plaintiff. Additional expenses for delay in development shall be borne by the defendant.

The duty of mutual cooperation (Article 13): The defendant shall, at the request of the plaintiff during the whole development process, consult with the plaintiff on the details of development whenever requested by the plaintiff, and the plaintiff shall cooperate with the defendant on necessary matters at the request of the defendant.

The termination of a contract (Article 16): The plaintiff may terminate or cancel the contract if the defendant falls under any of the following:

(1) It shall be reasonable after the period of development under Article 4 expires.

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