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(영문) 서울중앙지방법원 2015.12.09 2014가합585476

시스템 구축사업비 청구의 소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, a custodian, is a corporation that is engaged in the business of manufacturing, selling and multimedia systems, such as computer hardware, etc. (hereinafter “B”), and entered into a contract for construction of a system with the Defendant and the service payment of KRW 2,609,265,000 (including value-added tax) (hereinafter “instant service contract”) on October 4, 2013, under which the Plaintiff entered into a contract for construction of a system (hereinafter “instant service contract”).

Separated amount (cost) including 1,168,076,07,513,076, and 807,516,076,000, including 2,029,926,40, including 861,850,926,40, and 2,800, including 1,801,80,74,776, and 924, including 1,609,265,000, including 861,80,80,000, for software purchase of equipment equipment and software including value added tax, including 861,850,00,00, including 861,801,751,924,924, including value added tax.

B. Of the technical negotiation statement, the content of the instant service contract, the part regarding “the necessary budget general statement” of “a statement of calculation of the amount” that indicates the basis for the calculation of the service price is as follows.

C. In the terms and conditions of the service contract, which is the content of the instant service contract, an amendment to the terms and conditions of the contract, and an amendment to the contract amount, Article 16 (1) of the contract amount (an amendment to the terms and conditions of the service contract) (1) where deemed necessary for the purpose of the contract, a contracting officer (a person delegated by the defendant with the duties of the contract; hereinafter referred to as the

1. Performance of additional duties and special duties;

2. Modification of the service process plan;

3. Deletion or decrease of items of specific services. (2) The alteration of contents of services under the provisions of paragraph (1) shall be completed before the alteration is performed.

Provided, That the defendant (contractor) shall delay the performance of the contract.