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(영문) 서울중앙지방법원 2015.10.30 2014가합569788
보수금 반환 등
Text

1. The plaintiff's lawsuit against the defendant A is dismissed.

2. The plaintiff's claim against the defendant B is dismissed.

3...

Reasons

On August 20, 2012, the Plaintiff was given a separate prize with Defendant A Co., Ltd. (hereinafter referred to as “Defendant Co., Ltd”).

1. As to the development of computer systems as described above, a software development consignment agreement was concluded with the following contents:

Article 1 (Purpose) The Plaintiff shall entrust the Defendant Company with the development of the computer system listed in Appendix 1, and the Defendant Company shall accept it.

Article 2. The term of entitlement, etc. of the Defendant Company shall conduct the above development works in good faith in accordance with the Schedule 2 attached hereto.

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

Article 3 Sheet Development Cost (1) The Plaintiff shall pay to the Defendant Company the total amount of KRW 62,00,000 as follows:

(a) 15,600,000 won servers 5,000,000 won security-related to KRW 10,000,000 upon the conclusion of this Agreement, 15,600,000 (30%) (c) after the completion of development until October 1, 2012, 200 won (40%) (15,60,000 won (30%) after the completion of development within 3 months after the completion of development, 15,80,000 won (30%) after the completion of development, 15,60,000 won (30%) after the completion of development, if the specifications, designs, etc. of the present system listed in the separate sheet are modified, the Defendant Company may request the previous re-verification to change the consignment development and payment method described in the separate sheet.

(3) In the case of the preceding paragraph, the plaintiff and the defendant company shall enter into an alteration contract promptly.

Article 6 Sheet Inspection (1) The Plaintiff shall conduct an inspection within seven days after the delivery of this system and shall notify the Defendant Company of any defect without delay.

Article 15 (Cancellation of Contracts) The plaintiff or the defendant company may claim damages to the other party due to this fact, at the same time, that the other party may immediately rescind this contract without any notice, when the other party falls under any of the following subparagraphs:

① On November 23, 2012, the Plaintiff violated this contract or committed a serious act of distribution.

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