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(영문) 서울중앙지방법원 2015.07.22 2013가단48997
납품대금 등
Text

1. As to the Plaintiff’s KRW 6 million and KRW 16.5 million among them, the Defendant shall pay to the Plaintiff KRW 66 million from May 16, 2012, and KRW 49.5 million.

Reasons

1. Basic facts

A. Since the Defendant Company mainly engages in the storage of electronic documents by customer companies, it was essential to link the customer company with the Defendant Company’s computer system, and it was a situation in which each customer company should individually link with the computerized system or business environment.

Therefore, it is necessary to establish a standardized program that can minimize the part to be developed individually.

B. For this reason, around April 2012, the Defendant Company entered into a contract for the supply of integrated and linked solution with the Plaintiff Company (hereinafter “instant contract”) and agreed to pay KRW 10 million of the personnel support cost at the time separately from the price of supply.

The main contents of the instant contract are as follows.

1) The Plaintiff Company must deliver and install an integrated connection chain of contract completed until April 30, 2012 until the Defendant Company’s inspection. 2) The price for the supply of integrated connection chain of contract and the supply of gas is KRW 50 million (excluding value added tax). The down payment of KRW 10 million after the contract is concluded and the remainder of KRW 40 million shall be paid after the final inspection. Upon completion of each stage of inspection, the Defendant Company shall pay the purchase price requested by the Plaintiff Company in cash within 15 days from the date of receipt of the purchase price requested by the Plaintiff Company.

3 Until April 30, 2012, the Plaintiff Company shall complete the installation of an integrated linked solution supply, submit a report to the Defendant Company in writing, and notify the Defendant Company thereof, and undergo an examination in accordance with the standards set by the Defendant Company.

The defendant company shall conduct an examination in the presence of the plaintiff company within 14 days from the date of receipt of the above report, and when the examination finds that all or part of the contract performance of the plaintiff company is inappropriate or unreasonable in the examination criteria of the defendant company, the plaintiff company shall request the plaintiff company to take corrective measures, and the plaintiff company shall comply

C. By April 30, 2012, the Plaintiff Company integrated the Defendant Company.

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