(영문) 전주지방법원 2016.06.03 2013가합6055

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(영문) 전주지방법원 2016.06.03 2013가합6055

손해배상(기)

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company engaged in software development, supply, technology and consultation, and communications sales business. The Defendant is a company engaged in wholesale and retail business and export and import business of software, manufacturing information and communications equipment, wholesale and retail business, and export and import business of software.

B. 1) The Plaintiff and the Defendant determined the delivery period on April 20, 2012 as of June 30, 2012 (hereinafter “instant software”).

3) The development agreement (hereinafter “instant development agreement”)

2) The main contents of the instant development agreement are as follows.

Article 2 (Terms and Conditions of Contracts) The contents of “software” to be developed by the Defendant under this Agreement are as follows:

1) The Defendant’s business scope is developed on the basis of the planning proposal that the Plaintiff provides to the Defendant. (2) The Defendant’s business scope includes certain management, development of software, inspection, delivery, maintenance/repair, etc.

3) Some of the content of the Stooth, web page and other data may be replaced at the request of the Plaintiff with a different content. 4) To ensure that the Plaintiff’s environment can be operated normally.

5) The Defendant starts development after obtaining the Plaintiff’s approval of the content of the planning for the products to be developed. Article 6 (Compensation for Delay in Payment) (1) In the event that the Defendant fails to comply with the delivery date of “software” due to justifiable grounds, the Defendant shall immediately notify the Plaintiff thereof.

2. In the event that the delivery date specified in the relevant “software” form is delayed, the Defendant shall calculate an amount equivalent to 2.5/100 of the contract amount as the maximum number of days for delay and pay the Plaintiff the amount from the development maturity to the delivery of the “software.”

The Plaintiff may deduct the remainder of interest from the remainder payable to the Defendant.

Provided, That the payment period due to the plaintiff's reasons shall be responsible for the defendant.

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