(영문) 수원지방법원성남지원 2015.11.27 2015가단209636

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(영문) 수원지방법원성남지원 2015.11.27 2015가단209636

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. Basic facts

A. The Plaintiff is a Co., Ltd. with the trade name “C”.

A subcontract was entered into with Syti (hereinafter referred to as the “Myna”) and the “D website restructuring project” (hereinafter referred to as the “instant project”).

B. On February 24, 2014, the Plaintiff entered into a service performance contract with the Defendant for the development of the system of the instant business as follows.

(hereinafter “instant contract”). Article 3 (Scope of Contracts)

1. The scope of the work to be undertaken by the Defendant for project establishment is based on the following tasks:

Establishment of a part of the development of the project for the reorganization of the above D website, which is a business between the items and the period of the business, from February 4, 2014 to April 30, 2014, and matters of mutual consultation in the development order and mutual consultation.

2. The scope of operations shall be determined through consultation with the input human resources and services, and in the event that there is an objection between the parties to this Agreement during the course of development implementation, a decision shall be made through mutual consultation.

3. The plaintiff must consult with inputs about the overall development items prior to the establishment of the project, and when the development of the project is commenced, it shall be deemed that inputs have consented to the scope of the establishment of the project.

Article 4 (Term of Contract)

1. The term of the contract was from February 24, 2014 to April 30, 2014; however, it was thereafter extended.

section 60.

2. When one of the parties deems it necessary to extend or reduce the contract period, the contract period may be changed by a written agreement between the parties; and

3. The termination date of the contract shall be the date on which the service performance of the Defendant specified in the contract is completed, and the Plaintiff completes the final inspection and notifies the Defendant in writing of its success in all service performance computed by the Defendant.

Article 5 (Claim and Payment for Service Price)

1. 12,500,000 won (including withholding 3.3%; hereinafter the same shall apply) for the total amount of services;

2.The claims and payments for services shall be:

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