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(영문) 서울중앙지방법원 2020.05.20 2016가합23163
위약금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

(b)the purpose is to establish general terms and conditions in concluding a contract to entrust the work;

§ 2. (Scope of Services under this Agreement and Time of Payment of Expenses)

1. After the completion of the examination by Gap (the defendant) after the development and construction of all infrastructure and all the functions requested by the defendant, the plaintiff commences the ASP service.

From the time when the ASP service begins, the plaintiff commences a claim for service costs to the defendant.

2. The Plaintiff must provide all necessary parts of the ASP services during the contract period.

Article 14 (Cancellation and Termination of Contracts)

2. When any of the following causes occurs, the defendant or the plaintiff shall notify the other party of the performance in writing within a reasonable fixed period and may cancel or terminate all or part of the present and annex contracts if he/she fails to perform the contract within such reasonable period:

8. When the contract is terminated within the term of the contract, the contract may be terminated by paying to the Plaintiff the initial investment amount of KRW 137,000,000/60 as of the start date of the ASP service and the monthly user fee of KRW 12 months as penalty for breach of contract.

In the initial cost of IT service management details: 300 (15 million won after the date of signing the contract, and 15 million won after the approval of the consolidated test): The provision of the plaintiff and the monthly maintenance and repair (5 years operating terms): 809 (monthly)/48,540 (5 year operating terms): 1) all the functions currently in use and the marketing functions of the data integration 2) GNC/tent, which are currently in use, 3) - the strengthening of membership royalty program (floilage, etc.) - the strengthening of the operation function of the sales promotion (n1, multiple purchases) - the strengthening of the management function of the sales promotion system (n1, 200,000 won) - the strengthening of the management function of the sales promotion (n1,000 won and multiple purchases) - the price operation by the POS system (i.e., the strengthening of the inventory management system (distribution period, the appropriate incentive system construction) - the increase of customer response workers - the customer response system - the increase of convenience.

A. The Plaintiff’s development, maintenance, and repair of the system.

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