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(영문) 서울중앙지방법원 2020.09.08 2017가단5070133
시스템공급대금 청구의 소
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 81,733,600 to the Plaintiff (Counterclaim Defendant) and the amount from April 11, 2017 to September 8, 2020.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company mainly engaged in the development, sale, maintenance, and repair of software, the establishment of an enterprise informatization system, and the provision of services, and the Defendant is a company engaged in the business of manufacturing automobile parts, such as exhausters and lamps.

B. On August 27, 2015, the Plaintiff refers to a computer system through which the Plaintiff and the Defendant establish an integrated computer database to efficiently automatically control all business flow, including company funds, accounting, purchase, production, and sales.

iU system (hereinafter referred to as the “instant system”) was developed and entered into a contract to supply it to the Defendant (hereinafter referred to as the “instant contract”). The main contents are as follows:

1. Price: 20 million won (the down payment of 46.2 million won within two weeks after the conclusion of the contract, the intermediate payment of 46.2 million won within two weeks after the interim examination, the balance of 138.6 million won within two weeks after the completion of the examination);

2. Term of a contract: From August 27, 2015 to February 3, 2016: Utilization of subsidies.

4. The description of the supplied goods in attached Form 1 shall be as follows;

5. During the term of this contract, the Plaintiff refers to the contract goods listed in the attached Form 1 Supply Schedule for which the right to use is granted at the place designated by the Defendant as a result of the service.

(General Contract Terms Article II, Section 3). It shall complete the establishment and supply of the General Contract Terms.

6. The plaintiff and the defendant may modify or adjust the contract term or the separate schedule under Appendix 1-2 during the execution of this contract by prior consultation with the plaintiff.

7. The defendant shall pay the price to the plaintiff for the service result supplied and installed by the plaintiff in accordance with individual contract terms.

8. The Defendant shall pay the Plaintiff the amount faithfully in accordance with the individual contract terms. If the Defendant delays the payment without justifiable grounds, 15% interest per annum depending on the number of delayed days.

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