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(영문) 서울중앙지방법원 2018.01.10 2017가합519562
정산협의 이행 청구
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff is a Chinese company that supplies the GPS terminal and related services necessary for heavy equipment.

D (China) Limited Liability Company (hereinafter referred to as “D”) is respectively a company established by Defendant C Co., Ltd. (hereinafter referred to as “C”) and E Co., Ltd. (hereinafter referred to as “E”) in China.

On August 25, 2005, the Plaintiff entered into a contract for the supply of the GPS terminal with D on August 25, 2005, and began to supply D with the relevant telecommunications server's operating services.

As above, the Plaintiff entered into a contract for the supply and related services of the GPS terminal from February 23, 2012, while the Plaintiff entered into a contract for the supply and related services of the E and the GPS terminal, but in fact, the supply of the GPS terminal continued to D.

(2) On September 1, 2014, the Plaintiff and D and E did not distinguish their respective GPS terminal supply contracts and related services, and D began to negotiate with the Plaintiff on the extension of the instant supply contract, the extension of the instant supply contract, the Plaintiff’s extension of the Plaintiff’s use of the Plaintiff’s telecommunications server (hereinafter “instant negotiation”) (hereinafter “instant negotiation”).

As a result of the instant negotiation, the Plaintiff extended the instant supply contract with E on April 1, 2015 for one year, and (2) concluded a “GPS data supply contract” with D on February 15, 2016, and the Plaintiff provided D with data for the use of the GPS device from March 1, 2016 to February 28, 2019.

On April 8, 2016, the representative I excludes the problem of the use of D’s telecommunication servers to the J Deputy Director of the Information and Communications Department of Defendant B (the duties of the retired H were transferred around December 2015).

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