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(영문) 서울남부지방법원 2016.11.03 2015가단29996

용역비

Text

1. The Defendant’s KRW 42,262,00 as well as the Plaintiff’s annual rate of KRW 5% from April 25, 2015 to November 3, 2016.

Reasons

1. Basic facts

A. On June 1, 2013, the Defendant, a company engaged in the business of maintaining and repairing computer devices, concluded a service contract (hereinafter “instant maintenance service contract”) with UBC Co., Ltd. (hereinafter “ UBC”), UBS, and UBC’s subordinate subcontracting from ELDD8300 (hereinafter “instant machine”) under the Ministry of Justice’s subordinate subcontracting of the Criminal Justice’s common system operation group under the Ministry of Justice, in which UBC Co., Ltd., Ltd., and Taejin Jink C&T were subsubcontracted for the maintenance, management, and repair of disks machines (hereinafter “instant maintenance service contract”) to receive service fees in return (hereinafter “instant maintenance service contract”).

(No. 12) No. 12

On February 24, 2014, around 18:00, the Defendant’s employees replaced the power source supply system of the instant machine, and immediately thereafter, the operation of the entire system of the instant machine was discontinued, and the Defendant’s employees attempted to recover therefrom, but the problem was not resolved.

C. In full view of these circumstances, around 20:30 on the same day, the Plaintiff requested inspection and repair on the ground that “the occurrence of disability immediately after the replacement of the electric power supply equipment of this case occurred.” Accordingly, the Plaintiff’s employees B sent out to the site of the Gwangju Government Integrated Computer Center where the instant machinery is located, and the Defendant’s employees C was working on the site at the time when B was dispatched to the site.

A person in charge of the plaintiff side B collected data for rog analysis, delivered them to the plaintiff's head office team, and took measures so that the computer system of the criminal justice department can be operated once out of the site.

E. As a result of the analysis of data data received from the Plaintiff’s technical staff D and E from February 24, 2014, the Defendant’s employees are required to replace the power supply device installed in the ES01, one of the control pumpss of the instant machine, immediately after the replacement of the power supply device installed in the ES01.