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(영문) 서울남부지방법원 2019.08.22 2017가단246023

채무부존재확인 등

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1. Of the instant lawsuit, “C Business Cooperation Contract” on December 1, 2016 between the Plaintiff and the Defendant.

Reasons

1. Basic facts

A. The Plaintiff is a company whose business purpose is the development, sale, and lease of software, and the Defendant is an affiliated company of the so-called “D group” as a company whose business purpose is electronic payment business (e.g., toll payment on an expressway).

B. On July 28, 2015, the Plaintiff entered into a “C Construction Contract” (hereinafter “instant Construction Contract”) with the Defendant in a size of KRW 20 million (excluding value-added tax), which includes the following, for the purpose of establishing a “groupwee” for the computerization of the administrative system of the Defendant Company (the name of the Defendant Company: E Company).

C. The title of the construction contract: The period of the contract for the execution of the E-system construction contract: The scope of services to be performed by the Plaintiff from July 28, 2015 to December 30, 2015, the scope of services to be performed by the Plaintiff shall be determined by the Plaintiff’s C system (hereinafter “Plaintiff’s groupwegs”) as stipulated in the “AD 1. Services Performance Plan”. Article 4 (Time and Method of Payment) (unit: : 10,000,000 won and 50% of the remainder of payment: 10,000: 20,000,000,000: 20,000,000, 200,000, 200, and 10,000,000,000,000,000,000,000,000,000,000) shall be within two weeks after the completion of the contract period.