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(영문) 서울남부지방법원 2020.10.15 2018가단265304
공사대금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff Company is a company established for the purpose of software development business and wholesale and retail business, and the Defendant Company is a company established for the purpose of software development, manufacture, integration, education, operation, and sales business.

B. On September 7, 2015, after receiving a contract for the service of “the establishment of the next-generation comprehensive information system” at C University, the Defendant Company entered into a W Supply Agreement with the Plaintiff Company for the establishment of the C University business management and statistical system and the establishment of the integrated search system (hereinafter “instant First Agreement”), and the main contents are as shown in the attached Table.

C. On December 31, 2015, after receiving a contract for the service of “NCS-based Comprehensive Information System” from D University, the Defendant Company entered into a SW supply contract with the Plaintiff Company for the establishment of the D University BI-based Statistics and Certification Evaluation System (hereinafter “instant 2 contract”), and the main contents are as shown in the attached Form.

The Plaintiff received the total amount of KRW 82,930,100,000 as the price under the instant contract No. 1 until September 12, 2016, respectively, as the price under the instant contract, and as the price under the instant contract No. 2, respectively. 44,00,000 on March 18, 2016.

[Reasons for Recognition] Evidence No. 1, Evidence No. 2, Evidence No. 7, Evidence No. 15, Evidence No. 17, Evidence No. 17 (including each number), the witness E's testimony, and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The Plaintiff’s assertion No. 1 contract of this case provides C University with software, such as Qlik View, UNIONE, and provides services to build a search system, management and statistics system. The contract of this case is a contract for the Plaintiff to supply D University with software, such as QlikVVw, UNIONE, etc. The Plaintiff completed the supply of software and provision of services within the delivery period of the contract of this case No. 1 and No. 2. The Defendant completed the supply period of this case.

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