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(영문) 서울중앙지방법원 2015.05.08 2013가단5099808

손해배상(기)

Text

1. The Plaintiff (Counterclaim Defendant) from January 11, 2013, with respect to KRW 3,967,741 to the Counterclaim Plaintiff and KRW 3,00,000 among them.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. Project 1) The Plaintiff is DNA Co., Ltd. (hereinafter referred to as DNA Co., Ltd.)

(D) has been awarded a subcontract for part of the establishment of the integrated information system for the next generation of the D University (hereinafter referred to as the “D Project”).

(2) On February 1, 2012, the Plaintiff entered into a contract for the development of a D-based project with the business information technology Co., Ltd. (hereinafter referred to as the “S-based information technology”) for KRW 63 million, and the period from February 1, 2012 to July 31, 2012.

On August 1, 2012, the Plaintiff extended the development contract with the information technology to December 31, 2012 by 17.5 million won (3.5 million won x 5 months).

In February 1, 2012, the program information technology has been put into three persons, including Defendant B, in the project of February 1, 2012, but only Defendant B was put into the project when extended on August 1, 2012.

3) In addition, on January 2, 2012, the Plaintiff is a Fururter Co., Ltd. (hereinafter referred to as “Lurter”).

In addition, the term of the contract was KRW 24.6 million, and the term of the contract was from February 1, 2012 to July 1, 2012, which entered into a DNA project development agreement with the Defendant during the said project. Lurter invested the Defendant C in the said project. On July 1, 2012, the Plaintiff extended the development agreement with the Defendant C with the term of the said development agreement with Lurter, and the term of the contract was six months from July 1, 2012 to December 31, 2012, and the term of the contract was 27.7 million (i.e., KRW 4., KRW 4.5 million x6 million). The Plaintiff did not pay the said price to the Plaintiff for the suspension of the project from 4.5 million to 4.5 million, and paid the price for the subsequent project to the Plaintiff under the 10.1 million average of the two projects, including the suspension of the project.

DNA projects are related to the Plaintiff around November 12, 2012.