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(영문) 서울남부지방법원 2019.02.15 2018나52554
손해배상(기)
Text

1. Revocation of a judgment of the first instance;

2. All of the plaintiff's claims are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures automobile parts, etc., and the Defendant is a company that operates automatic control device design, supervision, installation work business, etc.

B. On January 2, 2014, the Plaintiff refers to an integrated information system that serves to strengthen the competitiveness of an enterprise by efficiently managing all human and physical resources within an enterprise used for business activities.

2) MES “MS” refers to an integrated management system to measure real-time status grasping, planning and performance of work, quality control, etc., focusing on production site conditions, focusing on production site conditions. / MES integration system (hereinafter “instant system”).

(2) The term “instant contract” refers to a contract under which the said contract is to be supplied by building up up to June 30, 2014 (hereinafter “instant contract”).

A) Around January 10, 2014, the Defendant paid down payment of KRW 22,440,000 to the Defendant. The key contents of the instant contract are as follows. The contract amount: 74,800,000 won: from January 2, 2014 to June 30, 2014: down payment of KRW 22,440,000 (within seven days after the contract was made), intermediate payment of KRW 22,40,000 (within seven days after the intermediate report), the remainder of KRW 29,920,00 (within seven days after the completion of the contract): The scope of the Defendant’s development work before June 30, 2014; the Defendant’s development work should be basically based on the list of the instant system construction; and the Plaintiff’s detailed development work should be provided to the Defendant in accordance with the Plaintiff’s request’s detailed development work requirements; and Article 16(1)/6 of the Plaintiff’s development work should be provided to the Defendant.

2) The Defendant shall, at the request of the Plaintiff during the development period, notify the Plaintiff in writing of the progress of the system development.

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