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(영문) 대전지방법원 2012.08.23 2009가합4590
용역비
Text

1. The plaintiff (Counter-Defendant) shall pay 651,00,000 won to the defendant (Counterclaim Plaintiff Co., Ltd.) and its amount from May 27, 2009.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a school foundation operating the Seo-gu Daejeon District University (hereinafter “E”) located in Seo-gu, Daejeon. Defendant B is a company established for the purpose of developing, selling, distributing, and leasing software and applied software.

B. On June 28, 2007, the Plaintiff entered into a “contract for the establishment of an integrated information system for next generation (hereinafter “the instant system”) with Defendant B to build the next generation integrated information system (hereinafter “the instant contract”) with Defendant B (hereinafter “the first service contract”). Defendant C guaranteed Defendant B’s obligations related to the first service contract, and the main contents of the first service contract are as follows.

Contract amount: down payment of KRW 1,930,000: 60,000 (payment in cash within 20 days after the contract) intermediate payment of KRW 100,000 (payment in cash within 20 days) - The balance of KRW 400,000,000 for primary 100,000 for secondary 400,000 for 3rd 400,000,000 for 430,000 for contract period (payment in cash within 20 days after the examination): The delivery date from June 28, 2007 to June 27, 2008: the implementation date: PISD, the establishment of an information service strategy, the improvement of business and the construction of an integrated work-based system, the work-system and the integrated work-based management system, the integrated work-based system and the integrated work-based management system, the work-based and the integrated work-based system, the development of the PManner and the integrated work-based system.

C. Under the above service contract, Defendant B received respectively payment of KRW 600,000,000 from the Plaintiff on July 12, 2007, and KRW 100,000 from the intermediate payment on February 26, 2008.

After that, the plaintiff and defendant B maintain the main parts of the first contract around October 2007, but they change the entity conducting the ISD/BPR consulting to F and defendant C from the scope of the instant system construction project to F and the defendant C, and add the management information system (DEC, Dynamic Enisep) to the service task.

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