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(영문) 서울중앙지방법원 2020.01.17 2018가단5212491

용역비

Text

1. The Defendant’s KRW 53,438,00 for the Plaintiff and KRW 15% per annum from October 17, 2018 to May 31, 2019.

Reasons

1. Facts of recognition;

A. On April 1, 2010, the Plaintiff entered into a DNA maintenance contract with the Defendant (excluding value-added tax) with the contract amount of KRW 7,000,000 (excluding value-added tax) and the contract period from April 1, 201 to March 31, 201, and entered into a renewal contract by adjusting the contract amount, etc. each year until March 31, 2016.

B. Since April 1, 2016, the Plaintiff and the Defendant entered into a DNA maintenance and repair contract (hereinafter “instant maintenance and repair contract”) with the contract amount of KRW 83,280,000 (excluding value-added tax) and the contract period from April 1, 2016 to March 31, 2017, and maintained the instant maintenance and repair contract by April 30, 2018.

The main contents of the maintenance contract of this case are as follows, and the maintenance specifications attached to the maintenance contract of this case shall be as specified in the attached Form.

General Conditions for Maintenance and Repair Contracts Article 2 (Definitions)

1. Maintenance and repair: All activities that manage and maintain performance according to developed purposes, except operation, directly or indirectly, of hardware, software, networks, or computer systems in which such hardware, software, networks, or systems have already been established or developed;

6. Objects of maintenance and repair: The term "maintenance and repair works" means equipment, software, networks, or systems through which such equipment, software, network, or systems are associated with one another under this Agreement;

7. Maintenance and repair services: Services provided to B for maintenance and repair subjects as determined by a detailed business statement;

Article 4 (Objects of Maintenance and Repair) (1) The subjects of maintenance and repair shall be determined by the detailed statement of business as at the time of conclusion of this contract.

(2) The defendant and the plaintiff shall not increase or decrease the targets of maintenance and repair at will, and shall, if necessary, increase or decrease upon mutual request and approval in writing.

Article 5 (Duty to Provide Maintenance and Repair to the Plaintiff) (1) The Plaintiff’s duty of care as a good official so that the object of maintenance and repair can be operated or operated according to its original purpose.