(영문) 서울중앙지방법원 2015.01.16 2014가단36427

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(영문) 서울중앙지방법원 2015.01.16 2014가단36427

사해행위취소

Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is the defendant (Counterclaim plaintiff) 28,600.

Reasons

1. Common factual relations concerning the principal lawsuit and counterclaim;

A. On July 18, 2012, the Plaintiff concluded a service contract with the Defendant for the production of the Defendant’s website (hereinafter “instant contract”).

The main contents are as follows:

Article 6 (Period of Contract: 130,000,000 won (excluding value-added tax; hereinafter the same shall apply) - The first payment (40%): 52,00,000 won within seven days from the date of contract - The second payment (30%) within 90 days from the date of contract - The third payment (30% from the date of contract : 39,000,000 won within seven days from the date of completion of production: The Plaintiff shall have self-verification on its website and shall request the Defendant to examine and examine the site of production, and shall submit a written confirmation.

(2) The omission is deemed to have completed the production of the website, if the Defendant did not have any more than the website supplied by the Plaintiff, signed a written confirmation of inspection and notified the Plaintiff thereof, and the Plaintiff submitted the output of the development process including the manual to the Defendant.

Article 19 (1) The defendant may terminate the contract if he/she demands the plaintiff to faithfully perform the contract if any of the following causes arises:

- If the contract date has been delayed by at least 20% without good cause, the Plaintiff shall return the amount already received from the Defendant when the contract is terminated due to a cause attributable to the Plaintiff, and shall compensate the Defendant for the amount equivalent to 50% of the contract amount in cash.

(3) omitted

B. On July 24, 2012, the Defendant paid to the Plaintiff KRW 57,200,000 in advance, and KRW 42,900 in the intermediate payment on October 26, 2012, respectively.

C. On February 6, 2013, the Plaintiff and the Defendant extended the production period of the website by May 31, 2013.

On November 1, 2013, the Defendant notified the Plaintiff that the instant contract will be terminated because it did not deliver the website by content-certified mail.

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