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(영문) 수원지방법원 2020.01.30 2019나67685
용역비
Text

1. Of the judgment of the first instance, the part against the plaintiff corresponding to the amount ordered to be paid under the following paragraph (2) shall be revoked.

2...

Reasons

1. Article 1 (Details of Contracts and Payment Period) of the Decree, the defendant shall purchase from the plaintiff the object specified below:

1. Project name: Control of the old and US OLED OC/OT LINE;

2. Contract amount: 40 million won (excluding value-added tax);

3. Period of construction: From February 2, 2017 to April 2017, Article 2 (Responsibility) development of events and programs, and trial operation shall be based on the Plaintiff’s responsibility.

Article 3 (Prohibition of Substitute Payment) 30% of advance payments (cash 15 days after the contract), cash and balance 10% of advance payments as of the end of the following month after the completion of a trial run by 60%, shall be based on the end of the following month after approval for use (AT).

Article 4 (Presentation of Data and Disposition) The data on trial operation shall be prepared and submitted to the defendant as of the date of completion of the project.

(Materials to be Submitted: PLC Program, influoric writing in To, manuals, Memy Capital, drawings, etc.)

A. On December 23, 2016, the Defendant entered into a contract with C (hereinafter “C”) to supply and install a facility for OELD O/OT LINE to the old factory (excluding value-added tax; hereinafter the same shall apply). On December 23, 2016, the Defendant subcontracted the Plaintiff the development and trial operation of the above OELD O/OINE control program (hereinafter “the instant program”) to KRW 40 million (hereinafter “the instant primary contract”).

The main contents of the instant primary contract are as follows.

B. Prior to the final installation and trial operation of the instant program in the old and previous factory pursuant to the instant primary contract, the Plaintiff and the Defendant agreed on the Plaintiff’s instant program from the Pyeongtaek Factory to undergo a trial test, and on July 10, 2017, the content of the relevant contract does not coincide with the contract date and the construction period, and includes contents unrelated to the instant secondary contract. In light of the following circumstances, the Plaintiff and the Defendant appears to have written a contract by partially modifying only the necessary part of the instant primary contract.

the contract of this case (hereinafter referred to as "the second contract of this case") Article 1 (the content of the contract and the defendant for the payment period shall purchase the following objects from the plaintiff:

1. Project name: Pyeong LINE control.

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