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(영문) 부산지방법원 2020.09.09 2018가합46625
공사대금
Text

The defendant's KRW 110,00,000 for the plaintiff and 6% per annum from March 1, 2018 to September 9, 2020.

Reasons

1. Basic facts

A. The Plaintiff is a company engaged in software development business, etc., and the Defendant is a company engaged in software package development business, computer-related services and human resources dispatch business.

B. On November 25, 2015, the Defendant entered into a service contract for the establishment of an integrated information system (hereinafter “instant original contract”) with C Co., Ltd. (hereinafter “C”) as KRW 2,050,000 in the service price of KRW 1,523,00,000 in the business development sector (excluding KRW 527,00,000 in the hardware sector of KRW 1,523,00 in the business development sector, and value-added tax).

C. On December 1, 2015, the Plaintiff entered into a contract with the Defendant to accept a subcontract for the services of the instant prime contract (hereinafter “instant subcontract”) with the service cost of KRW 500,00,000 (value-added tax separately).

The parts relating to this case in the present subcontract of this case are as follows.

(hereinafter referred to as the “seller” refers to the Plaintiff, and the “Buyer” refers to the Defendant, respectively. Article 5 (Scope of Contracts) (1) The scope of the contract is to provide all the establishment of the integrated information system (a single, personnel, wages, and accounts).

(2) The scope of establishment of the application fastens and the scope of application shall comply with a written estimate, a written request for estimate, a proposal and other accompanying documents.

(3) Specific scope of business affairs and calculation of an integrated information system shall be specified by mutual agreement between buyers and sellers based on consulting results.

(4) A change in the scope of development of a project in the course of performing the project shall be made to the contract by mutual agreement, and the expenses incurred therein shall be separately consulted.

Article 6 (Period of Contract) The implementation period of the project under this Agreement (date of arrival and completion) shall be until May 31, 2017 (18 months) from the date of the contract, and shall be provided remote support free of charge for ten months after the completion of the project.

Article 10 (Joint Article, Personnel Affairs, Benefits, and Accounting) (1) Details of supply shall be subject to a written estimate, a written request for estimate, a proposal, and other annexed documents.

(2) Additional period of maintenance and repair shall be within two years.

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