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(영문) 서울고등법원 2016.04.07 2015나2022449
손해배상(기)
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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The plaintiff is a company aimed at the wholesale and retail business of precious metals, and the defendant is a company aimed at developing and selling software.

B. On March 7, 2012, the Plaintiff and the Defendant entered into a contract for the development of the KGC online gold Exchange System (hereinafter “instant online program”) (hereinafter “instant contract”) upon requesting the Defendant to develop a program that can engage in gold transactions via mobile or online, and the main contents of the contract are as follows.

Contract amount: 140,000,000 won (excluding value-added tax): Contract deposit - Payment by 30% (payment in cash within 15 days after the contract) of the contract amount - Payment by 30% (payment in cash within 15 days after the analysis/design is completed) of the contract amount - Contract period by 40% (payment in cash within 15 days after the final examination): Period of contract: From March 12, 2012 to August 11, 2012: Defect guarantee on August 11, 2012: Six months after delivery.

3. Service performance manpower - The replacement of PM is absolute, unless there is a request from the plaintiff, and the defendant shall not replace PM at will.

Article 10 (Examination)

1. The examination shall be conducted as a procedure not exceeding tally;

- The time of application for tallying shall be after the completion of work development (including development-related calculation products and specifications of the user), the Defendant shall apply for tallying to the Plaintiff.

- The plaintiff shall examine the contents of the project implementation result and determine whether to pass the project and notify the defendant of the notice of the results of the examination.

- An examination shall, in principle, be conducted within two weeks, and the plaintiff passed the examination at the lapse of two weeks without giving prior notice to the defendant.

At this time, when the defendant's request is made, the plaintiff shall issue a certificate of examination under the name of the representative to the defendant.

Article 22 (Termination of Contracts)

1. The plaintiff and the defendant may terminate all or part of the contract when any of the following causes arises:

- has violated the contract.

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