(영문) 서울남부지방법원 2015.01.22 2013가합16375

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(영문) 서울남부지방법원 2015.01.22 2013가합16375

손해배상(기)

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company with the purpose of software development, data processing, and information services.

On September 1, 2010, the Defendant entered the Plaintiff Company and worked as the head of the financial business team and the head of the financial business team from around July 2011.

B. On June 15, 2012, the Plaintiff Company entered into a contract for the establishment of a computerized system with C Co., Ltd. (hereinafter “C”) during the contract period from May 29, 2012 to February 28, 2013 (hereinafter “instant contract”), the contract amount of KRW 4,183,000,000 (hereinafter “instant contract”), and the construction of a computerized system necessary for the operation, etc. of the branch offices and the branch offices of Vietnam Min-ho (hereinafter “C project”).

The defendant has overall control over the progress of the project in the status of the head of the business under the headquarters of the plaintiff company strategic project.

C. On August 26, 2012, the Plaintiff Company entered into a supply contract with D Co., Ltd. (hereinafter “D”) on the terms of the contract from May 29, 2012 to February 28, 2013, setting the contract amount as KRW 740,00,000, and entered into a supply contract for the banking system construction among C projects (hereinafter “D contract”).

C Project was completed with the approval of February 28, 2013 by C.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 4, Eul evidence 3 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. 1) The Defendant, which is the primary cause of the Plaintiff Company, promised to pay KRW 450,00,000 to the Plaintiff Company until July 31, 2013. As such, the Defendant is obligated to pay the said agreed amount. 2) The Defendant, who is the primary cause of the instant claim, is an executive officer of the Plaintiff Company, as the general manager of the overall project C project, who is the executive officer of the Plaintiff Company, and entered into the relevant outsourcing supply contract at an appropriate price through a verification of technology necessary for the project and a calculation of reasonable monthly inputs (M/M).

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