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(영문) 서울서부지방법원 2019.07.24 2018가단230673

용역비

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Names of basic facts contracts: D

1. Period of work: Details of input personnel on June 1, 2016 to October 2, 2016 (Additional Tax Table) E/monthly service charges of 5,500,000 won/amount of 27,500,000 won/ monthly service charges of 5,000,000 won/monthly service charges of 25,000,000 won/monthly service charges of 25,000,000 won/monthly on June 1, 2016 from October 31, 2016/208 from June 1, 2016 to October 31, 2016; the contract amount of 0,50,000 won/ monthly service charges of 17,50,500,000 won/ monthly service charges of 0,000 won to 10,000/6,010/6,000 or more of 10,018.

4. Payment: The tax invoice for the preceding month shall be issued on the 5th day of the month [Article 4] (Scope of Services] Na (Plaintiffs) by means of the computer personnel of Eul (hereinafter “support personnel”) to provide services related to the computerization of Gap (system development) at the direction of Gap (Defendants).

[Article 8 (Extension of Contract Period and Adjustment of Scope of Services) (1) The contract term of this contract may be extended by mutual agreement with A and B.

(2) Where it is necessary for Gap to increase or decrease the contents of this service due to inevitable circumstances that occur while rendering the service, Gap and Eul shall agree with it.

[Article 9] (Obligation of Section 9) (2) B shall appoint a person who has sufficient technical skills and experience and seek the consent of Section 1 in the performance of the relevant work.

[Article 10] (Duties of A) (1) Where B makes a reasonable request, he/she shall participate in meetings and education related to the performance of services, guarantee access to necessary places, and designate a person in charge of the departments related to software development.

(2) Cooperation shall be made in complying with the various operating conditions and procedures reasonably prescribed by Section B, including the input and provision of information necessary for the smooth operation of software included in the service scope of Section B.

On June 1, 2016, the Plaintiff entered into a computer service contract with the Defendant (hereinafter “instant contract”) with the following content.

[Ground of recognition] Unsatisfy, Gap evidence No. 1-1, the purport of the whole pleadings

2. The argument and judgment.