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(영문) 서울남부지방법원 2016.12.16 2015가단216295
계약금 반환 청구의 소
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 11 million to the Plaintiff (Counterclaim Defendant) and against this, from November 16, 2016 to December 16, 2016.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. On June 12, 2014, the Plaintiff entered into a service agreement with the Defendant for “A-Korean online sunset establishment” with the Plaintiff on June 12, 2014. The period was from June 16, 2014 to October 23, 2014; the price was KRW 80 million (excluding value-added tax); and the details of the main service performance in attached Form 1- major service performance is set out in the contract.

The process of its implementation is divided into the stages of establishment, stabilization, and open preparation. Re-establishment and stabilization are subdivided into the stages of establishment and stabilization (i) content supply and demand-member policy, cupon, establishment policy, etc. (ii) current site analysis, (iii) analysis and definition of requirements, (iv) user and manager design reinforcement), design (i) design PSD supply, (ii) design modification and reinforcement), cuponing (i) cuponing, (ii) development (i) development (ii) development (iii) development of shopping mall, (iv) development of shopping mall, and (iv) additional functions and stability) development, and the test (integrated test progress and stability).

On July 16, 2014, the Plaintiff transferred 44 million won (including value-added tax) to the Defendant pursuant to the above contract.

B. On December 1, 2014, the Defendant did not perform the above service contract properly, and the Plaintiff agreed to partially modify the terms and conditions of the contract with the Defendant on December 1, 2014.

In the above agreement, the Plaintiff and the Defendant recognized that the delivery of service result was not made within the agreed period due to the Defendant’s unfaithful performance, and changed the delivery schedule by January 31, 2015.

The defendant must comply with the above delivery schedule.

In addition, if the defendant's side fails to comply with the above agreement without prior consultation, the plaintiff can terminate the service contract, and at the same time, the money calculated by the defendant from October 25, 2014 to the date of actual delivery as compensation at the rate of 3/100 of the daily contract amount.

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