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1. The Defendant’s enforcement of the purchase price of goods No. 2015 tea 1968 against the Plaintiff of the Incheon District Court.
Reasons
1. Facts of recognition;
A. The Plaintiff is a non-profit corporation affiliated with the Korea-U.S. Buddhist C&C established with the main purpose of establishing and operating the “Svalescent Hospital,” and the Defendant is a company that mainly engages in the development, production, and sales of products related to computer software and hardware, computer peripheral devices, biotechnology, organizational engineering, gene engineering, and artificial engineering.
B. On April 28, 2015, the Plaintiff entered into an electronic computer system and program supply contract with the amount of KRW 45,000,000,000, total supply price of KRW 45,000,00, which is paid at the time of delivery as the cost of installation of system such as applied software, server, operation system, and backup system, etc. for the operation of the Gu.
(hereinafter “instant supply contract”). The contract for the installation of the actual network facilities and the construction of the construction has been completed before the conclusion of the instant supply contract, but the Plaintiff and the Defendant included the details of the instant supply contract in order to determine the method of payment.
Major OCR/EM Software Fees under the instant supply contract: 50,000 won per month from the date of operation
2. Maintenance fees for the part of the MF program shall be replaced by monthly user fees from the time of use.
Article 6 Obligations
1. In supplying software, the Plaintiff should enter and output the basic data to be used by the Plaintiff in accordance with the input form provided by the Defendant.
2. The defendant shall implement various education and measures so that the plaintiff can perform the original work in the course of the plaintiff's entry/power work.
Article 9 Termination
1. The plaintiff and the defendant, upon nonperformance of obligation, shall notify the parties with nonperformance of obligation in writing within a fixed period of not less than ten days, and if no appropriate reply or corrective measure is taken within the said period, the correction shall be made immediately.