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1. The Defendant: KRW 89,347,393 for the Plaintiff and KRW 6% per annum from January 16, 2018 to November 2, 2018; and
Reasons
1. Basic facts
A. The Plaintiff (i) is a company with the purpose of providing software advice, development, supply, maintenance and repair services, etc. (i.e., the trade name was changed from the “NENA”), and the Defendant (ii) was a company with the purpose of marine cargo transportation services, trucking transport services, etc. (iii) as at December 16, 2016).
Although the Plaintiff and the Defendant were originally belonging to the same modern group, as the Defendant sold to the lot group around December 2016, the group to which they belong became different.
B. At the time of the day when the Plaintiff and the Defendant were affiliated with the same group, each year, the Plaintiff operated and developed the Defendant’s information system, and the Defendant concluded a contract for operating the information system with the content of paying the prescribed service costs. The Plaintiff and the Defendant agreed to apply retroactively from January 1, 2016, which was concluded on May 9, 2016.
(1) According to the “former Operating Agreement” attached to the “former Operating Agreement” (hereinafter “former Operating Agreement”), the term “where the scope of development in connection with the new/additional development of the system is large and additional costs are expected, the Plaintiff and the Defendant agree separately with each other.” In relation to the payment, the term “the calculation system for actual personnel within the scope of 4.33 billion won of the total contract amount (excluding the value-added tax),” and the specific calculation criteria are set.
120 million won in advance of the cover contract amount of 395 million won (excluding value-added tax; hereinafter the same shall apply): 120 million won in advance of the intermediate payment after the contract: The balance after the interim report: Article 3 of the General Terms and Conditions of the Contract from August 10 to April 30, 2017 / [Composition of the Contract] after the final examination
1. This Agreement shall consist of signs, general terms and conditions of contracts, project implementation plans (or alternative documents for project implementation plans), and information security pledges.
2. Where there is a conflict of interests between each contract document;