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(영문) 대전지방법원 논산지원 2018.01.18 2017가단2093
용역비
Text

1. The Defendant’s KRW 84,095,00 for the Plaintiff and 6% per annum from November 6, 2016 to November 9, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation that runs the business of manufacturing software and hardware, and the Defendant is a corporation that runs the business of developing and selling control machinery and hardware.

Article 3 (Inspection and Provision)

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 carry out a technical service project under this Agreement, and shall submit to the Defendant all files and related documents generated during the implementation of the project, including drawings and test data, along with the provision of the results thereof.

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

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

C. On October 6, 2016, the Defendant confirmed that the performance of the Plaintiff’s obligation under the instant service contract was completed, and notified the Plaintiff in writing. By December 30, 2016, the Defendant paid all the remaining contract amount, excluding the remainder of KRW 84,095,00,000.

[Ground of recognition] Unsatisfy, Gap 1 to 9 evidence, Eul .

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