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(영문) 서울중앙지방법원 2018.12.14 2017가합586890

손해배상(기)

Text

1. The Defendant’s KRW 178,921,497 and KRW 5% per annum from October 17, 2018 to December 14, 2018 and the next day.

Reasons

1. Basic facts

A. The status of the parties and the Plaintiff is an incorporated foundation that establishes, operates, and manages Ansan Hospital, and the Defendant is a stock company with the main purpose of export, import, lease, sale, etc. of the computer system.

B. On February 29, 2016, the Plaintiff entered into a contract for the establishment of the hospital information system (hereinafter “instant contract”) with the Defendant for the same-sex Hospital (hereinafter “instant contract”). The main contents are as shown in the attached list.

C. On November 1, 2016, the Plaintiff’s peremptory notice of performance and the Defendant’s answer sent to the Defendant a public notice to the effect that “The period of the instant contract is from March 1, 2016 to June 30, 2017, and even though the Defendant agreed to start the construction from November 1, 2016 for the completion of the installation within the said period, it is anticipated that the contract will be interrupted due to the Defendant’s failure to consult on the implementation schedule, etc., and thus, the Defendant’s demand to answer in writing faithfully.”

Accordingly, on November 28, 2016, the Defendant responded to the Plaintiff to the effect that “At the time of the conclusion of the instant contract, the Defendant agreed to commence the implementation of the instant contract after completing the Non-Party movables Medical Center project, which was already in progress by the Defendant, and the Defendant decided to commence after November 1, 2016, which is the scheduled date of the completion of the said movables Medical Center project, but it is difficult to answer the schedule of the implementation of the instant contract because the said project is not finalized, and it is difficult to answer the schedule of the implementation of the instant contract as the date of the completion of the said project becomes final, and as such, it is expected to consult on the schedule of the implementation date after the open date of the said project

On June 30, 2017, the Plaintiff notified the Plaintiff of the termination of the instant contract sent to the Defendant a content-certified mail stating that “The Defendant would terminate the instant contract because it did not perform all the contractual matters despite the arrival of the contract execution date,” and the said mail reached the Defendant around that time.

E. The hospital information system through the Plaintiff’s other companies.