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(영문) 서울서부지방법원 2016.12.15 2015가합30527
용역비
Text

The defendant's KRW 202,895,000 and its annual 6% from July 31, 2014 to December 15, 2016 to the plaintiff.

Reasons

1. The facts below the basis of facts may be found either in dispute between the parties or in Gap evidence Nos. 1 and 4 (including serial numbers; hereinafter the same shall apply), with a comprehensive consideration of the whole purport of the pleadings, unless special reference is given. (a)

The Defendant entered into a contract with the non-party KDB Industrial Bank to undertake C projects (hereinafter “instant project”).

B. Around May 2012, the Defendant agreed to entrust the Plaintiff with services, such as duties, definition of system requirements, development, etc. of the instant project, among the instant projects. Accordingly, the Plaintiff participated in the instant project from May 22, 2012.

Since then, the Plaintiff and the Defendant concluded a service contract (hereinafter “instant contract”) regularly with the service payment of KRW 420,700,000 (excluding value-added tax) on August 13, 2012, and the main contents thereof are as follows:

C.(Definition of Terms) The definitions of terms used in this Agreement shall be as follows:

2. “Establishment of System” means the development of the Plaintiff of the requirements and work functions under the information resources presented by the Defendant.

7. “Completion of Construction” means the condition under which the Defendant confirms that the system supplied by the Plaintiff was normally operated as a result of the respective acceptance test in the separate 2 work specifications, and that the requirements for the Defendant’s development were met.

8. The term “inspection” means that the defendant confirms whether the execution of the contract is completed by stages in accordance with the project implementation schedule of the work schedule;

9. The term “acquisition test” means the procedure for confirming whether the program delivered by the Plaintiff is operated normally;

Article 5 (Contract Amount) (1) Contract amount shall consist of consulting expenses, development expenses, H/W, S/W purchase expenses, as shown in the detailed statement of the contract amount of Appendix 1, and shall be KRW 420,700,000, not value-added tax.

(2) Consulting expenses and development expenses out of the contract amount.

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