(영문) 서울남부지방법원 2016.01.15 2015나52249

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(영문) 서울남부지방법원 2016.01.15 2015나52249

개발비 등

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On April 20, 2012, the Defendant entered into a contract with the Hansung S&C Co., Ltd. (hereinafter “original contractor”) under which the principal contractor would pay the amount of the service to the Defendant (hereinafter “instant original contract”) when the Defendant performs the integrated education system development services (hereinafter “instant system”) (hereinafter “instant service”). The term of the contract was from April 1, 2012 to November 7, 2012; and the contract amount was KRW 176 million (including value-added tax).

B. The term "business affairs" in Article 2 (Scope of Business Affairs) of the instant contract refers to the execution under the responsibility of the plaintiff of the relevant affairs necessary for the completion of the project department as ordered by the defendant.

1. The construction of integrated C system;

2.Article 3 (Contract Period) of the Development and Linked Part 1. above.

1. The contract term is from April 9, 2012 to September 14, 2012, and the Plaintiff must complete the project task that the Defendant requested to place an order by the contract period.

Article 6 (Claim and Payment of Price) 12. The plaintiff shall file a claim with the defendant for a certain ratio of the contract price, respectively, and the defendant shall pay the following amount in accordance with the implementation of this contract, the progress rate, etc.:

Article 8 (Examination)

1. The plaintiff must submit the final report on the results of development to the defendant within the time limit fixed under the contract and request the examination.

Upon receipt of the plaintiff's request for examination, the defendant shall conduct an examination without delay, except in extenuating circumstances.

2. The Defendant shall examine the development outcomes and verify their defects and, if there is no defect, notify the Plaintiff of the results of the examination within 10 days from the date of the request for examination, and if no separate notice is given within this period, the Defendant shall be deemed to have passed the examination.

Provided, That the foregoing shall not apply where there is any justifiable reason that cannot complete the examination within the foregoing period.

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