(영문) 대전지방법원 2019.01.30 2016가합106838

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(영문) 대전지방법원 2019.01.30 2016가합106838

부당이득금

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1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

Article 4 (Contract Amount and Method of Payment)

1. The total contract amount shall be KRW 327.5 million (including value added tax).

2.With respect to the payment of the price, “B” (referring to the Defendant; hereinafter the same shall apply) shall, in principle, be requested to “B” (referring to the Plaintiff; hereinafter the same shall apply) and the payment shall be as follows:

1) Contract deposit (20%): Cash payment 2) intermediate payment (50%) (50%) within seven days after receipt of a certificate of performance guarantee for a contract or contract (or advance payment): The balance (30%) for five months after the last day of each month from the date of the contract: Article 7 (Delivery and Examination) of the Cash Payment within 14 days after the completion of the examination;

1. “B” shall deliver the program drawn up under this Agreement to the place designated by “A” and be examined by the project manager designated by “A”.

2. “A” shall examine the outcomes of each process calculated in accordance with the schedule of the development plan for the development of the integrated information system, and “B” shall, after undergoing the examination of “A” on the outcomes of each process, move to the following process:

Therefore, "A" and "B" shall mutually cooperate with the examination so as not to hinder the whole schedule.

3. “A” shall notify “B” of the results of the examination within 14 days, except in extenuating circumstances, and shall be deemed to have passed the examination if the notification is not made within the time limit.

Provided, That where there is a justifiable reason that it is impossible to complete the examination within 14 days due to the technical characteristics, etc., the separate examination period may be determined after consultation between A and B.

4. “B” shall deliver to “A” the results of its implementation under this Agreement in the form of a package (Pakage and output - separate description).

Article 12 (Free Guarantee of Defects and Free Support)

2. The period of guarantee of software defects without compensation shall be 12 months after the completion of inspection;

Article 14 (Termination and Rescission of Contracts)

1. “A”.

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