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(영문) 서울남부지방법원 2019.06.12 2018가단244284
계약금반환 등 청구
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. Of the costs of lawsuit.

Reasons

1. Progress of this case

A. The Plaintiff received part of the E-Si high-tech traffic management system (ATM) construction work, which delivers the current status of real-time assertion to the system and the E-Viewing Integrated Control Center, and then delivers parking information to users via the web and mobile (hereinafter “ATM”) from the F Co., Ltd., which entered into a contract with E

The contract term of F Co., Ltd and E is from December 11, 2017 to August 8, 2018.

B. As to the development of parking information system software that delivers parking information to users among ATMs, the Plaintiff entered into a development service contract with the contract amount of KRW 55 million on March 27, 2018, and the period by the end of August 2018 (hereinafter “instant development contract”).

Among the contracts of this case, the part related to the role and development scope of each person shall be as specified in the attached Form.

(C) On April 25, 2018, the Plaintiff paid KRW 16.5 million to the Defendant as advance payment.

[Ground for recognition] Unsatisfy

2. The allegations and judgment of the parties

A. (i) As to the principal claim, the Plaintiff asserted that the instant development agreement was rescinded by the Defendant’s nonperformance, and that the instant development agreement was rescinded, on July 16, 2018, in order to devise a plan to complete the development as of July 13, 2018. In order to devise a plan, the Plaintiff notified the implementation under the instant development agreement by August 7, 2018 at the time of the meeting. However, the Defendant refused the implementation, expressed his/her intent to terminate the agreement on the same day, and accepted the Plaintiff’s intent to terminate the agreement on the same day.

In order to implement the instant development contract, the Defendant obtained information on the local parking lot system (hereinafter referred to as the “local system”) that provides information on each local parking lot, so it is necessary to link the instant development contract or to connect the development server with the development server that has been equipped with the environment. Therefore, the instant development contract was not provided.

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