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(영문) 서울중앙지방법원 2017.08.29 2016가합561252

용역비

Text

1. The Defendant’s KRW 982,570,883 as well as KRW 588,097,542 as to the Plaintiff. From September 1, 2016, KRW 326,429,393 as to the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff is a company running an information and communications construction business and the software business, and the defendant is a company running the development and sales business of security software.

B. Around June 2004, the Defendant entered into a contract for business entrustment with the KT Co., Ltd. (hereinafter “K”) with the content that the Defendant shall install and manage the Internet security-related equipment to the customers and pay the fees to the customers.

C. On February 1, 2012, the Defendant entered into a contract with the Plaintiff for installation and maintenance and repair services (hereinafter “instant contract”) with the content that the Plaintiff would perform “the duties of opening and maintaining and repairing the site services” under the instant contract for entrustment of business affairs.

The provisions pertaining to this case of the above service contract are as follows:

Article 2 (Period of Contract) This Agreement shall be maintained for a period of one year from the date of the contract, and shall be automatically extended for a period of one year, unless otherwise agreed upon at the end of the contract.

Article 8 (Scope of Business “Termination”) (1) The Defendant shall deliver to the Plaintiff, including the “Termination” order in Article 5.

② The Plaintiff shall recover “equipment” within 24 hours from the time of delivery of the termination order, and report the result to the Defendant on the following day.

(4) When the equipment is not recovered, the plaintiff shall compensate the defendant in accordance with the detailed provisions of Article 11.

Provided, That the case where it is impossible to recover due to the absence of "equipment" when the plaintiff is dispatched to the site shall be excluded.

5. In order to prove the absence of “equipment”, the Plaintiff shall photograph the scene pictures to immediately transmit them to the Defendant at the site, and prepare a written confirmation to obtain a signature from the person in charge designated by the Defendant at the time of the Defendant’s request, and send

Article 9 (Management of Equipment) (1) The defendant shall hand over a certain quantity of equipment to the plaintiff for the performance of his/her duties, and the quantity shall be each other.