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(영문) 대전지방법원 2019.06.11 2018나976
용역비
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

Basic Facts

The plaintiff is a corporation that runs the business of manufacturing software and hardware, and the defendant is a corporation that operates the business of developing and selling control equipment.

Article 3 (Inspection and Provision)

1. The Plaintiff shall provide the Defendant with the output of the technical service project, such as analysis, verification data, and final report, specified in the technical service requirements following consultation with the Defendant.

Designation Place: Defendant Daejeon Research Institute

2. In order to establish the reliability of the technical service project products, the Plaintiff must meet the items of inspection and analysis of the requirements presented by the Defendant, review the requirements in itself prior to the date of provision in accordance with the test procedures, and request the Defendant to conduct a final review when the reliability verification is completed.

4. The defendant shall notify the plaintiff in writing of the completion of the technical service project result in accordance with the review criteria under paragraph 2 and shall substitute the final performance of the contract.

Article 7 (Methods and Time for Payment)

3. Balance: The remainder shall be paid in cash within 30 days after the completion of the Plaintiff’s technical service project, which is 8,6450,000 won which is 35% of the contract amount, within 30 days after the Defendant’s examination of the products

Article 9 (Obligation to Submit Data) The Plaintiff shall perform a technical service project under this Agreement, and shall submit all files and relevant documents generated during the implementation of the project, including drawings and test data, to the Defendant along with the provision of the results thereof.

On July 16, 2013, the Plaintiff was awarded a contract with the Defendant for the development of mine control devices (hereinafter “instant technical services”) as the contract period from July 16, 2013 to June 15, 2014, and the contract amount of KRW 247 million (value-added tax separate).

(hereinafter “instant service contract”). The main parts of the instant service contract relating to the instant case are as follows.

The plaintiff sequences to the defendant by e-mail the output of the technical service project of this case.

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