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(영문) 서울남부지방법원 2018.10.04 2016나59346
유지보수비 청구의 소
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

Reasons

1. Facts of recognition;

A. In around 2005, the Plaintiff (the former name C) developed a program (a program that allows external institutions to conduct virtual experiments when developing a financial system linked to external institutions in D, bank, credit card company, etc.; hereinafter “instant program”).

B. In around 2006, the Plaintiff requested the instant program operation to E (former Defendant’s Representative) and F (former Defendant’s Representative) that was the old workplace rent, and distributed profits when selling the program, and the Plaintiff would be responsible for follow-up technical assistance and development of a solution.

C. On July 3, 2007, E and F were primarily established by the Defendant, and the Plaintiff maintained a continuous collaboration relationship with the Defendant.

From September 12, 2008 to January 24, 2011, the Defendant entered into the instant program supply contract with G, etc., and provided the instant program-related solution to G, etc. during the said period. During the said period, the Defendant paid KRW 120,519,000 to the Plaintiff for the amount equivalent to 50% of the price for the supply of the instant program and the cost of maintenance and repair provided by the Plaintiff.

E. Around the end of 2010, the Plaintiff notified the Defendant that he would destroy a collaboration relationship, and the Defendant suspended the instant program business from that time.

F. On May 11, 201, the Defendant paid KRW 3,893,972 to the Plaintiff at the cost of maintenance and repair of the instant program provided by the Plaintiff from October 2009 to December 2, 2010.

On June 15, 2012, the Defendant sent to the Plaintiff an e-mail that the Plaintiff would pay KRW 3,480,972 equivalent to 50% of the cost of maintenance and repair provided by the Plaintiff for the cost of maintenance and repair provided by the Plaintiff, including H institutions (from January 2011 to December 2011), and paid KRW 3,481,472 to the Plaintiff on July 9, 2012 at the cost of maintenance and repair for the year 2011, and on May 13, 2013, the Defendant paid KRW 3,481,472 to the Plaintiff on January 201, 2012, which was received from the Plaintiff from the customer companies, including H institutions, etc.

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