(영문) 서울중앙지방법원 2018.07.27 2017가합551139

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(영문) 서울중앙지방법원 2018.07.27 2017가합551139

손해배상(지) 등

Text

1. The Defendant’s KRW 3,438,01 as well as the Plaintiff’s KRW 5% per annum from August 12, 2017 to July 27, 2018.

Reasons

1. Basic facts

A. Agreement 1 between the Plaintiff and the Defendant on November 18, 2015, the Plaintiff entered into an agreement with the Defendant on November 18, 2015, stipulating that the Defendant may develop programs related to the order and delivery agency business and allow the Plaintiff to exclusively use such programs, and that the Plaintiff shall pay the Defendant for the development of the program corresponding thereto (hereinafter “instant First Agreement”).

2) Some of the terms of the First Agreement are as follows.

Article 2 (Contents of Development) ① Business operators (branch-branch) and PC program for commercial occupancy and use. ② Business operators and PC program for commercial use <3> All linked programs, such as card settlement, guidance, and virtual account (development cost) ① The Plaintiff shall pay the Defendant the development cost of KRW 3,000 to the Defendant as contract deposit and pay the development cost of KRW 0,000 when the program is withdrawn.

② The Plaintiff shall pay 100 won per case to the Defendant on a program usage fee from the completion of the program site application to the Defendant.

Provided, That where a case is exceeded 150,000 won per month, the excess shall be paid in 50 won per case.

③ The Plaintiff shall guarantee the Defendant at least 60,000 won (six million won/months) per month following the completion of the application of the program site.

(4) The timing for payment of the costs of development under paragraphs (2) and (3) shall be the fifth day of the following month of the relevant month of commercial services.

The plaintiff shall continue to pay the development price to the defendant as long as the service continues.

(5) Notwithstanding the preceding provisions, the plaintiff and the defendant may adjust matters concerning the cost of development through mutual consultation where inevitable circumstances arise.

Article 5 (Duties and Responsibilities of the Plaintiff) (1) Providing the Defendant with data and information necessary to develop the program.

(2) After the development of programs is completed, the program shall be responsible for its operation and shall make every effort to expand the number of programs used.

유사 판례

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-서울남부지방법원 2015.07.24 2015가합101963

-수원지방법원 2017.11.14 2016나6610