logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.09.30 2016나21161
기타(금전)
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Facts of recognition;

A. On August 5, 2014, the Plaintiff and the Defendant engaged in the business of developing and supplying system software in the name of “C”, and the Defendant developed and provided the shopping mall website operated by the Plaintiff to the Plaintiff. In return, the Plaintiff entered into a contract with the Defendant to pay a total of KRW 60,500,000 (including value-added tax) to the Defendant (hereinafter “instant service contract”), and the said contract includes the following:

Article 1 (Purpose) The purpose of this Agreement is to provide for all the following matters in order to request the production (hereinafter referred to as “development”) of the shopping mall site D (hereinafter referred to as “A”) and C (hereinafter referred to as “B. The defendant’s words; hereinafter the same shall apply).

Article 3 (Period of Contract) (1) Development period shall be from August 4, 2014 to January 2, 2015 (Period of Payment).

The development period may be extended under the agreement with A according to the progress of the development period.

Article 4 (Scope and Guarantee of Development) (1) Development requested by A to B shall be defined as follows:

1. Realization of current D shopping mall functions and transfer of servers;

2. Development of purchase agency services and integration of overseas delivery systems;

3. Development of services for linking external shopping mall products;

4.D shopping malls development licenses and operation schemes.

1. Article 5 (Payment of Project Costs and Operating Expenses) (1) of the Security for the overall service of A shall be paid to B for project costs for a development request as follows:

The project cost payment date shall be based on the date specified in the following: Provided, That it may be changed if it is consistent with Article 4 (Scope of Development and Guarantee).

The balance of KRW 15,000,000 within five business days after the interim inspection of the intermediate payment of KRW 20,000,000 within three business days after the date of payment of the project cost (VT separate contract) contract, and Article 8 (Performance Delay) (1) of the Act No. 3 shall be conducted within five business days after the examination of the remainder of KRW 15,00,000.

arrow