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(영문) 서울남부지방법원 2017.08.25 2016가합104761

손해배상(기)

Text

1. The defendant,

A. The Plaintiff KRW 124,425,851 and the interest rate of KRW 18% per annum from March 19, 2016 to the day of complete payment.

Reasons

1. Basic facts

A. 1) The Plaintiff is a company established for the purpose of providing hardware, software, services, consulting, and singing services, and C, a financial business division of the Plaintiff, is also running a financial lease business. 2) The Defendant is a company established for the purpose of export and import of products related to computer systems.

3) D Co., Ltd. (hereinafter “D”).

(B) Upon entering into a franchise agreement with E and franchise, a company mainly engages in the operation, etc. of a hotel business and its ancillary facilities incidental to the operation of hotel business. A branch office (G) and Dongdaemun-gu Seoul Metropolitan Government H (I) was established on June 2, 2014, but closed on February 19, 2016. B. D’s order of installation and delivery 1) D requested the Defendant to make an estimate to purchase equipment necessary for I’s hotel business on January 7, 2014, and the Defendant received a demand for a direct estimate from K (hereinafter referred to as “K”), which is the total market for the J network facilities, on January 8, 2014, and on March 31, 2014 (hereinafter referred to as “LL”).

2) Subsequent to the partial change of the leased model, the Defendant, on May 27, 2014, requested on May 27, 2014, to operate hotel businesses, including the J network equipment, M server and computers (hereinafter collectively referred to as “the instant lease equipment”).

(i) purchase price of KRW 496,855,00 (excluding value-added tax; hereinafter referred to as "purchase price, equipment price, and lease fee") shall be an amount excluding value-added tax, unless otherwise expressly specified;

3) The lease facilities of this case are attached hereto.

1. As indicated in the list of the instant lease facilities, ① J network facilities (153,52,00 won), ② M servers and computer equipment (96,018,000 won), ③ N(86,80,000 won), ④ O (PSemememy, 78,490,000 won).