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(영문) 서울중앙지방법원 2016.01.27 2014가합591358

손해배상(기)

Text

1. The Defendants are jointly and severally liable for 112,560,000 won for the factoring of the Plaintiff Co., Ltd. and 56.

Reasons

1. Facts of recognition;

A. On March 30, 2010, the Plaintiffs (the Plaintiffs, Inc., Ltd., signed a contract on behalf of the Plaintiffs) concluded a license agreement and a consulting service agreement (hereinafter referred to as “instant contract”) by setting the period from April 1, 2010 to December 31, 2010, including the establishment of the Plaintiff pool system (hereinafter referred to as “Defendant pool system”), Defendant Green Information Technology Co., Ltd. (hereinafter referred to as “Defendant Green Information Technology”), the price of which is KRW 1150 million (excluding value-added tax), and the period from April 1, 2010 to December 31, 2010.

B. The main content of the instant contract is as follows.

Article 1 (Purpose of this Agreement) The purpose of this Agreement is to contribute to the joint development by mutual cooperation in order to ensure that both parties can achieve the objectives through prompt technical assistance and resolution of problems, in providing them with all relevant matters (see separate lists) such as ORACR ALE JDE JDE ERP parkikis and ORACE LACE License, H/W, consulting services, program development, program development, and ERP solution (see separate lists).

Article 3 (Contract Details) Section B: (A) The details to be supplied to Party A are as set out in the “ORACLE JDE Eniterpover ERP failure and ORACE License services, H/W, consortiums, program development services, outputs, education, and the details “AAS-1: scope of services, AAS-2: Educational Support Plan, AS-3: Product Description, AS-4: A AS-5: Final Estimates.”

Article 8 (Completion of Services)

1. B shall, when completing the performance of this service, undergo an examination by Party A after submitting relevant products; and at this time, undergo an examination by Party A;