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(영문) 서울중앙지방법원 2015.09.18 2014가합578072

물품대금반환

Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2...

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. The Plaintiff is operating a nationwide network driving company called “B,” and the Plaintiff’s relationship is a method of providing a close substitute driving service by receiving a request for a substitute driving service from a customer and informing a customer of his/her location information to the nearest substitute driving officer.

The defendant is a company that operates the Internet Soshion Development Business.

B. On November 21, 2013, the Plaintiff and the Defendant established an IPCC (a system that establishes an integrated computer network environment in which voice and data are integrated) that enables the Defendant to automatically collect customer information and manage counselors, such as telephone counseling, call integrated management, statistics, and call distribution automation system (hereinafter referred to as “instant supply contract”) to realize diverse functions, such as the automatic collection of customer information and the Defendant’s automatic management of customer information on November 21, 2013. The Plaintiff and the Defendant set up an IPCC (a system that establishes an integrated computer network environment in which voice and data are integrated) with the Plaintiff’s situation, and provide the Plaintiff with the information so that the Plaintiff shall pay 190,000,000 won for goods (excluding value-added tax) to the Defendant (hereinafter referred to as “instant supply contract”).

(2) According to the supply contract of this case, the Defendant’s development is as indicated in the separate sheet, and the main provisions of the contract are as follows. ① After entering into a contract, the Defendant shall send a tax invoice for KRW 57,000,000 (excluding value-added tax), which is the down payment under this contract, to the Plaintiff, and the Plaintiff shall complete settlement in cash with the account designated by the Defendant within 15 days. ② After the delivery, the Defendant shall send a tax invoice for KRW 57,00,000 (excluding value-added tax), which is the intermediate payment under this contract, to the Plaintiff, and the Plaintiff shall complete settlement in cash with the account designated by the Defendant within 15 days. ③ After obtaining the final supply confirmation from the Plaintiff, the Defendant shall send the tax invoice for the remainder amount of KRW 76,00,000 (excluding value-added tax) under this contract to the Plaintiff.