손해배상(기)
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. On November 20, 2015, C Co., Ltd. (hereinafter “C”) contracted NW equipment supply and installation services to D Co., Ltd. (hereinafter “D”) for the construction of the Web system (hereinafter “instant services”).
B. D, on November 20, 2015, subcontracted the instant service to the Plaintiff on November 20, 2015, with a contract term of KRW 99,053,020 (including value added taxes) and the contract term of November 20, 2015 to January 31, 2016 (hereinafter “instant subcontract”). According to the supply contract included in the instant subcontract agreement, the delivery items and amount (including value added taxes) are as follows.
2. 3 NTerever 9 E-2625(v) 16,215,00 Gohap 178,10,100 2,00 STVPN FG-200 14,738,020 3 NTerever Hair Hair Hair Hair Hair Hair Hair Hairth 16,215,00 Gohap 99,05,00 16,215,00
C. On November 20, 2015, the Plaintiff re-subcontracted the instant service to F Co., Ltd. (hereinafter “F”) at KRW 9,1850,00 (including value added tax) for the implementation of the instant subcontract (hereinafter “instant re-subcontract”).
F on December 31, 2015, the F supplied and installed SSL VPN (Security Software) and NTerver (SL server equipment) at a place designated by D.
E. D paid KRW 52,634,010 of the subcontract price in this case to the Plaintiff.
The Plaintiff paid F the remainder of KRW 43,175,00 on March 31, 2016, and KRW 43,175,000 to F, thereby paying all the instant re-subcontract consideration.
F. The Plaintiff filed a lawsuit against D seeking payment of the unpaid amount of KRW 46,419,010 (i.e., KRW 99,053,020 - KRW 52,634,010) out of the instant subcontract agreement (hereinafter “related lawsuit”), but the judgment dismissing the claim on the ground that “it is difficult to recognize the fact that the Plaintiff had produced the E program” was supplied to the Defendant.