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(영문) 서울중앙지방법원 2017.12.20 2017가합16933
손해배상
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts [This text] Article 2 (Period of Contract) of the instant contract is three years from September 17, 2014 to September 16, 2017.

Article 3 (Types of Contracts) The kinds of contracts shall be as follows:

1. Definition of Services - Technical assistance from Tuesday to Friday (09:0:00:00:00:00:00:00:00:00:00:00:00:00:00:00:00:00:00:00:00:

2. Filing time - Provision of emergency measures after business hours:

3. Remote Technology Assistance - Unlimited services

4. First priority principle for the allocation of parts - The Plaintiff shall pay 13,500,000 won (value-added tax separately) to the Defendant in cash in return for the maintenance and repair of the instant equipment.

However, since these maintenance and repair fees have been determined on the premise that only the materials supplied by the Defendant were used, this contract shall be automatically terminated from the time when the Plaintiff did not purchase the materials from the Defendant, or when the Plaintiff purchased the materials from a supplier other than the Defendant.

However, if the Defendant provided the Plaintiff with the service, parts or components after the termination date of the contract, it would apply the general service price regardless of the contract.

Article 5 (Claims for Maintenance and Repair Charges) The defendant shall claim to the plaintiff the maintenance and repair charges for each one-month period at the end of the relevant month.

Article 6 (Payment Method and Overdue Interest) (1) The plaintiff shall pay in cash the amount including the additional tax within 30 days from the date on which he/she receives a claim for the maintenance and repair fee.

② In addition to the maintenance and repair fees, the amount to be paid under the contract of this case shall be paid within 30 days from the date when the defendant presented adequate evidence to the plaintiff, by the same method as the above paragraph (1).

(3) The Plaintiff fails to perform its duty to pay the maintenance and repair fees and the annual amount of maintenance and repair under the instant contract within the due date.

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