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Reasons
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(영문) 서울고등법원 2018.12.20 2018나2014036
용역비
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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is a stock company with each objective of the software development and distribution business, etc. (hereinafter “C”) on April 21, 2015, and the Defendant entered into a service contract on D (hereinafter “D”) with C Co., Ltd. (hereinafter “C”), and entered into the instant project agreement (hereinafter “instant prior contract”).

The main contents thereof are as follows:

The name of the project under the service contract: The contract period: 2,126,960,00 won (including value-added tax) on April 22, 2015 to August 19, 2016: The method of paying the terms and conditions of subcontract: 30% for advance payment, part payments, first (20%) part payments, second (25%) payments, second (25%) payments under the terms and conditions of payment for remainder (25%): 30% of part payments (20%), second (25%) payment (25%), second (2) payment date: The remainder payment period: 25% of part payments (20%), second (2) payment date:

(2) The defendant shall prepare and submit a business completion report to C after the completion of business.

Article 7 (Commencement and Report of Business) (1) The defendant shall commence the implementation of this contract according to the time and procedure set forth in the detailed statement of business, and shall submit a commencement report including the following matters to C within 10 business days from the commencement date:

1. Specific details of business (Scope, appearance, place of business execution, place of delivery, etc.);

3. Article 9 (Entry Plan for Major Human Resources and Equipment) (1) The defendant shall employ human resources with skills and experience necessary for the implementation of this Agreement.

(2) When commencing and reporting under Article 7, the defendant shall submit to C data verifying the qualifications and technical requirements of input personnel.

Article 13 (Examination) (1) The defendant shall fall under C according to the procedures and time for examination by phase as set out in the business statement.

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