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(영문) 서울중앙지방법원 2015.05.27 2014가합541247

계약대금 청구

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1. The rehabilitation claim of the Defendant-Counterclaim Plaintiff against A corporation is KRW 524,802,201 and one of them is 189,882.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The defendant is a company with the purpose of domestic and foreign travel business, airline tickets, and ticket sales business, and A is a company with the purpose of manufacturing and selling computer hardware and software, introducing a system, consulting, etc.

B. On May 20, 2013, the Defendant entered into a service contract (hereinafter “instant contract”) with A on the following terms, setting the contract amount of KRW 575,400,000 (excluding value-added tax), the contract period from May 20, 2013 to January 19, 2014, and the rate of liquidated damages for delay as 0.15% of the contract amount per day (including value-added tax) for the number of delayed days to be 0.15% of the contract amount per day (hereinafter “instant contract”).

Article 2 (Definition of Terms used in this Agreement) of the Agreement for the Restructuring of the Work Support System for the Yellow Stagabonds and the Definition of Terms used in this Agreement shall be as follows:

(1) The term "establishment" means a state in which the object to be provided to the defendant is normally realized through the test according to the defendant's environment or needs.

(2) The term "object" means all the products under this Agreement, provided to the defendant.

(3) The term "ordinary operation" means a situation in which a "subject matter" functions in a stable manner through a prior test according to the defendant's computer programs or requirements.

(4) "Completion" means a case where a test is conducted by the defendant with respect to the state of normal operation through a prior test, which is set up by A according to the defendant's environment or request and approved by A.

Article 3 (Scope of Duties) The scope of duties and details of supply to be performed by A to the defendant are as follows, and other parts shall be agreed upon by the defendant and A:

1. Attachment 1. Embs/WAS Obsle Data 11g Standard Embsler (50User) for each improvement of SW 1 type DBs/WAS Obsle Data 11g, respectively.