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(영문) 서울중앙지방법원 2021.01.15 2019가합588050

손해배상 청구의 소

Text

1. The defendant shall pay 301,721,299 won to the plaintiff and 12% per annum from November 27, 2020 to the day of full payment.

Reasons

1. The Plaintiff is a legal entity that operates software development and maintenance business, and the Defendant is a legal entity that operates software development and supply business.

On December 3, 2018, the Plaintiff entered into a contract with C Association to partially subcontract the part of the development (including the test and stabilization work of the system developed) to the Defendant, and to pay KRW 453,695,000 in return (i.e., the primary contract amount of KRW 437,195,000,000) (hereinafter “instant contract”).

From March 20, 2019 to January 3, 2020, the Plaintiff paid a total of KRW 428,944,514 to the Defendant as the development price under the instant contract eight times in total.

The Defendant failed to complete the development of the instant system by October 2, 2019, which was the date on which the system development stipulated in the instant contract was completed, and a number of defects occurred even in the part where the Defendant completed the development among the instant systems.

The Plaintiff, as well as D, E, F, G, and H et al. companies, and franchise I, J, K, and L to complete the development of the instant system by requesting work, such as completing the development of the instant system and supplementing defects. The Plaintiff paid KRW 207,150,000 in return for the work to the above companies.

[Grounds for recognition] Each entry in Gap evidence Nos. 1 through 23 (including each number), the purport of the whole pleadings, and the purport of the whole pleadings, are as follows. The defendant company submitted a written answer containing only a simple content. The defendant's agent appointed after that submission of a written answer and resigned from office without any written submission, and there is no additional written submission other than the above written answer.

In addition, the representative of the defendant company has not been present on the date of pleadings more than three times.