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(영문) 수원지방법원 2017.11.14 2016나6610
계약금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. On July 16, 2014, the Plaintiff entered into a program production agreement (hereinafter “instant contract”) with the Defendant to pay the Defendant a sum of the down payment and the remainder, if the Plaintiff produced and supplied the program by September 30, 2014, in which the Defendant’s hyd-type smartphone Korean/ English letter-based horizontal board and vertical self-reader program by September 30, 2014, and the Plaintiff paid the down payment of KRW 2 million to the Defendant on the same day, may be acknowledged either as a dispute between the parties or as a whole by taking into account the overall purport of the pleadings in the statement in Gap evidence 1.

2. The Plaintiff asserts that the Defendant’s failure to abide by the manufacturing period stipulated in the instant contract and delayed to April 13, 2015, and the occurrence of repeated errors in the produced program was merely “the stage of modifying the error in the first stage basic text messages program” as of the time of delivery to the Plaintiff, and thus cannot be deemed to have completed the program under the instant contract, and that the Plaintiff violated the contract, such as unilaterally notifying the rescission of the contract on April 13, 2015 without correcting errors, the Defendant is obliged to refund eight million won, which is the amount twice the cost of producing the agreement, to the Plaintiff pursuant to Article 11 of the instant contract.

As alleged by the Plaintiff, the following circumstances acknowledged in accordance with the Defendant’s breach of contract, and the overall purport of the records and arguments of this case, namely, the Defendant, according to the instant contract, manufactures and supplies “Korean and English street plates and vertical key plates” as requested by the Plaintiff (Article 2), and the Defendant, upon completion of the program development, requests the Plaintiff to conduct an examination immediately, and the Plaintiff shall complete the examination within seven days and notify the Defendant of the result thereof, and if the inspection failed, the Defendant shall supplement the inspection and re-delivery within seven days and re-delivery the inspection is completed.

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