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(영문) 수원지방법원성남지원 2016.02.03 2015가단208039

채무부존재확인

Text

1. As to Defendant Thai Entertainment Loan, Inc.:

A. H. H. H. 1 set forth in the attached Table 1 of the Plaintiff Changwon-si.

Reasons

1. Facts of recognition;

A. The Plaintiffs purchased “SECREWS” (hereinafter “instant product”) as a network security product from the Ulsan Information Technology Co., Ltd. (hereinafter “SURE”)

B. On February 26, 2015, Defendant Gelim Services (hereinafter “Felim Services”) asserted that the Plaintiff acquired the software user fee claim against the Plaintiff from Gelim Information Technology. On February 26, 2015, Defendant Lelim Services issued a tax invoice of KRW 3,960,000 for the software user fee of KRW 3,080,00 for the Plaintiff, a foundation, as the person to whom the Plaintiff was supplied with Gelim Information Technology, and the tax invoice of KRW 2,640,00 for the Plaintiff Company (hereinafter “Selim Information”).

C. The Defendant Taesung Investment Loan Co., Ltd. (hereinafter “Seman Investment Loan”) acquired the claims under each of the above tax invoices against the Plaintiff Changwon-si and Gyeong Nam-gu from the Defendant Ulle Services.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4, 6, and 8, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The main point of the plaintiffs' assertion is that the product of this case purchased from the U.S. Information Technology is a network security product consisting of hardware and software, and the manufacturer is obligated to maintain the security function of the product in question as long as the plaintiffs who are buyers use the product of this case.

However, the sound information technology concluded a technical assistance contract with an external company called as a channel company for the maintenance and repair of the product of this case and had a channel company take charge of maintenance and repair services by concluding a contract with a customer company like the plaintiffs. The sound information technology and software between the plaintiffs are software.