용역대금반환 청구의 소
1. The Defendant’s KRW 299,774,276 for the Plaintiff and KRW 6% per annum from April 24, 2012 to November 26, 2012 for the Plaintiff.
1. Basic facts
A. On December 22, 2005, the Plaintiff entered into a computerized maintenance contract with the Defendant, including an electronic computer system comprised of several hundreds of individual computer programs (software), with the term of contract from January 1, 2006 to December 31, 2006, with the term of contract from January 1, 2006 to December 31, 2006, under which the Plaintiff entered into a computerized maintenance contract with the Defendant for the purpose of managing the Plaintiff’s ERP EN, corporate accounting, personnel payment, business, purchaser’s materials, etc. (hereinafter “instant service contract”). In addition, the Plaintiff entered into an electronic maintenance contract with the Defendant, including ERP, for six years from January 1, 2006 to December 31, 201, by using the same contents as ERP, etc. (hereinafter “instant service contract”).
B. Upon entering into the instant service contract, the Plaintiff and the Defendant agreed to conclude the instant contract as part of the said service contract with the following terms and conditions of ERP service contract, ERP service contract’s general terms, technical service contract’s general terms and conditions, and special terms and conditions of the contract. The main contents of the instant service contract are as follows.
[ERP Service Contract Special Conditions] Article 1 (General Provisions) 1.2. Scope: This condition means that the Plaintiff and the Defendant maintain and repair the ERP Sym Management and System.
apply to all rights and obligations arising from the performance of the operation services, and the "general conditions" of the ERP SM contract, and other previous agreements and contracts shall prevail.
Matters not specified in this special condition or unclear shall be governed by other provisions or documents of the ERP SM.
Article 2 (Scope of Business Affairs) 2.1. The defendant's services to be provided: ERPM operations shall be performed.
Article 4 (Obligation of Defendant) 4.1. Service Performance Plan, etc.: The Defendant shall submit a service performance plan within two weeks after the contract is concluded and obtain the approval of the Plaintiff.
The service performance plan approved by the plaintiff shall be composed of a part of this special condition.
4.2.Prohibition against the overlapping of one service management: inputs participating in the Project.