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(영문) 인천지방법원부천지원 2016.12.08 2016가단15121
손해배상금
Text

1. The Defendant’s KRW 5,822,00 and the Plaintiff’s annual rate of KRW 5% from June 29, 2016 to December 8, 2016.

Reasons

1. Basic facts

A. On May 20, 2014, the Plaintiff concluded a service contract (hereinafter “instant service contract”) with the Defendant with the content that the Defendant and the Plaintiff should pay 15% out of the profits of C fishing (IOS) to the Defendant at the cost of maintenance and repair upon completion of the development (hereinafter “instant service contract”).

B. The main contents of the instant service contract are as follows.

Article 3 (Terms and Conditions of Supply)

1. A (the term “Plaintiff”, hereinafter the same shall apply) shall pay KRW 2 million to B (the name “Defendant”; hereinafter the same shall apply) for software development and product production costs in accordance with Article 4 (Contract Deposit and Development Schedule).

2. Eul submits a plan for the implementation of a smooth project work to Gap and the development period shall be from the date of conclusion of the contract to August 15, 2014.

3. Where the development delay due to a cause attributable to B fails to observe the development period referred to in paragraph (2), the expenses referred to in Article 5 (Physical Prize Money) shall be deducted from the expenses referred to in paragraph (1);

4. In the event of delay of development due to Party A’s additional request, the date of completion of development shall be adjusted through mutual consultation;

Article 4 (Contract Deposit and Development Schedule)

1.A shall pay for B total of two million won as commission fees for the instant services to B as follows:

Contract deposit: Not more than 7 days after the date of commencement of development after the contract and not more than 2 million won;

2. Schedule of development: Article 5 (Bronon Two months' Prize Money) (Adon June 15, 2014 to August 15, 2014)

1. The time limit for the delivery of the produced project shall be governed by paragraph 2 of Article 4;

2. Where Eul fails to observe the payment period due to justifiable grounds, the obligation to immediately notify it to Gap.

3. (Rewards Money) Where the payment period has been delayed due to causes other than those of war, riot, flood, earthquake, etc., the amount equivalent to 1/200 of the total production cost per day shall be immediately paid in cash as liquidated damages;

4. B shall observe the date of payment.

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