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(영문) 인천지방법원부천지원 2014.06.11 2013가단37021

계약금등 반환

Text

1. The Defendant’s KRW 12,250,00 for the Plaintiff and 6% per annum from October 18, 2013 to June 11, 2014.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation with the purpose of manufacturing, selling, and repairing precision measuring instruments, and the Defendant is a corporation with the purpose of selling electronic electrical products and telecommunications equipment.

B. On January 4, 2013, the Plaintiff consulted with the Defendant on the transaction related to the location control system, etc., and sent by e-mail the matters that the Defendant wants to be included in the program developed by the Defendant (Evidence B No. 14) to the Defendant. On January 10, 2013, the Defendant sent to the Plaintiff the “Svisnet pnet supply contract” (Evidence B No. 5-2 and hereinafter “instant supply contract”) by e-mail, and the main contents are as follows.

Article 1 (Purpose of Contract) The plaintiff and the defendant have the aim to conclude a Usnet Installation Contract and observe it in good faith in order to determine fundamental matters concerning the provision of control systems and control devices prescribed in Article 2 of this Contract:

Article 2 (Snet Operation) The term "Snet Control" supplied by the Defendant to the Plaintiff means software, the Usnet Control System, and hardware means a telecommunications terminal linked to the control server and the Usnet Control System.

Article 3 (Delivery of Conduction)

1. The defendant shall establish a server in a specific location and shall provide education on the solution set forth in Article 2 by establishing a server within the IMO center.

Article 6 (Expenses)

1. The Defendant’s delivery cost related to the Net set-up is as follows:

1) server 1EA : 【 3,500,000,00, 2) SCSI OTR WD 100 to 300GB server : 【 300,000,000, 3): 【 200,000,000, 4) server sclive OS clives clives x 500,000, 500, 500, 500, 500, 500, 500, 500, 300, 000, 40, 00, 00, 40, 00, 000, 40, 00, 00, 300, 40, 000, 40, 000, 00, 00, 000, 40, 000, 300

2. The costs of Article 6(1)-5 are the costs of the Plaintiff.