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(영문) 서울중앙지방법원 2016.05.11 2015가합510219
계약대금청구의 소
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is USD 600,000 in U.S. dollars and USD 300,000 among them.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. The following facts may be acknowledged, either in dispute between the parties or in Gap evidence Nos. 1 to 4, and in Gap evidence No. 8 (including each number), together with the whole purport of the pleadings:

1) The Plaintiff is a legal entity established pursuant to the laws of the State of the United States of America and established pursuant to the laws of the State of the United States of America and its head office in the State of the State of the State of the State of the United States of America, and the management of the performance of the APM (hereinafter “APM”).

(ii) the software web application and database-based servers for the purpose are to monitor the performance and service use of the application and to ensure the stable operation of the application through identification of visitors, disability diagnosis, statistics analysis, etc. A company that develops the application. (ii) The Defendant is a Korean legal entity that operates IT consulting, support, resale of the application.

B. On July 29, 2011, the Plaintiff entered into the instant contract with the Defendant on or around July 29, 201, with the following terms and conditions as follows:

A) The contract was concluded. The Plaintiff’s final user license agreement is applied to the products that the Plaintiff granted to the Defendant in the preamble, and the Plaintiff’s standard maintenance and support agreement posted on the said website is applied to the maintenance and repair provided by the Defendant. (2) According to the instant contract, the Defendant is bound to refer to the U.S. currency (USD) if it is indicated in USD 1,000,000 ($1,000,000) for the initial contract term from July 29, 201 to July 28, 2014, as the contract area.

To the extent that it does not exceed, among the Plaintiff’s APM software.

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