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(영문) 대전고등법원 2015.05.13 2012나5603
용역비
Text

1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) who falls under the following amount ordering payment.

Reasons

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”). 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: PISD, the establishment of an information strategy system, the work process improvement and 200, the integrated work system, the integrated work system and the integrated work implementation system, the work implementation system and the integrated work implementation system, the integrated work implementation system and the integrated work implementation plan, the work implementation system and the integrated work implementation system, the work implementation system and the integrated work implementation system, the Manner.

1. The plaintiff and the defendant B may terminate all or part of the contract when any of the following causes occurs:

(1) When he/she violates the contract; 2) When he/she fails to perform contractual duties within the period without justifiable grounds.

2. If the Plaintiff’s continuous non-performance of the contract terminates by Defendant B, the Plaintiff shall pay the corresponding amount according to the performance rate of his duties.

3. Where the Plaintiff terminates the contract due to the Defendant B’s failure to perform the contract, the Defendant B.

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