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(영문) 서울중앙지방법원 2015.07.23 2012가단219686
원상회복 등
Text

1. The defendant is the return and redemption of all rights to B website programs from the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a founder who has claimed social money business and requested the Defendant to create and set up a website, and the Defendant is a company established on November 21, 201 as its major business issues, such as the development of social money Internet software and the establishment of a website.

B. On June 8, 2011, the Plaintiff and the Defendant concluded a contract on the production and installation of a website (hereinafter “instant contract”) and the main contents are as follows.

Article 3 (Period of Contract) The period of contract for the production and installation of web site shall be from June 8, 201 to August 17, 2011, and the period of execution of maintenance and repair shall be one month after the completion of development.

The scope of services to be provided by Article 4 (Scope of Services; hereinafter the same shall apply) B (referring to the plaintiff; hereinafter the same shall apply) to Gap (referring to the defendant; hereinafter the same shall apply) shall be the production, installation, DB design and construction, DB integration and solution linkage, maintenance and repair and all other services incidental thereto.

Article 5 (Scope of Products) B) The scope of products to be installed on the website within the agreed period shall be specified in the separate performance plan.

Article 8 (Extension of Term of Contract and Additional Expenses Liability) If necessary for the efficient performance of the services, A and B may extend the service period by mutual agreement by one week prior to the termination of the contract.

Provided, That if the contract period is extended at the request of A, additional costs incurred therefor shall be determined by mutual consultation between A and B, but in the case of a simple extension of the period and a work change of less than 10 per cent of the scale of production, additional costs other than a final estimate shall not be calculated

Article 9 (Payment for Services)

1. A shall pay the price determined under each of the following subparagraphs to B in return for the service:

Payment Terms: A shall pay the contract price to B in installments as follows:

The remainder amount: 50% of the total sum of KRW 14,00,000 (Won 14,000,000) within 3 days after the conclusion of the contract: 50% within 3 days after the completion of the creation of the website.

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