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(영문) 서울중앙지방법원 2018.03.22 2016가합568222
하도급대금청구
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. Of the costs of lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a corporation established for the purpose of consulting, developing, supplying, selling, etc. software of companies, such as distribution industry and financial rights, and the Defendant is a corporation established for the purpose of exporting and importing information and communications equipment, etc. and developing various software.

B. On June 2015, the Defendant received a subcontract from the Defendant on July 21, 2015 (hereinafter “instant service contract”) for the “business of re-building a new global department store system system” from June 2015 to May 15, 2016 for the online operation of department store courses, which is established and operated by the new world department store for consumers, with the amount of KRW 650,000,000. The Plaintiff was awarded a subcontract from the Defendant on July 21, 2015 (hereinafter “instant service contract”). The main contents are as follows.

Article 2 (Business Activities and Scope of Software Development/Construction) of the Standard Subcontract Form (The entire Field of Software Development/Construction for the Construction of Web License System) The scope of the goods and other business affairs to be supplied to the contractor by the contractor under this contract shall be set out by the contractor related to the system, and the detailed matters shall be as specified in attached Tables 1 and 2 (Attached) of the attached Table 1 and attached Table 2 (Attachment) of the contractor.

Article 3 (Period of Contract) The term of this Agreement shall be from the date of conclusion to May 21, 2016.

Where the contractor has delayed the work of Article 4 (Compensation for Delay), he/she shall pay the contractor a penalty for delay equivalent to 1.5/100 of the contract amount specified in Article 6 of the daily contract from the date of delay.

Provided, That in such cases, the damage suffered by the contractor due to the delay of the contractor shall be compensated separately.

Article 6 (Method of Contracting Amount and Payment of Price)

1. The contractor shall be one hundred million won per day (10,000,000) in total as the price for the establishment of the system.

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