(영문) 서울중앙지방법원 2017.08.31 2016가합514256

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(영문) 서울중앙지방법원 2017.08.31 2016가합514256

채무부존재확인

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1. There is no obligation of the Plaintiff (Counterclaim Defendant) with respect to the services listed in the separate sheet.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. Around December 2013, the Plaintiff entered into a service contract with the Dommmmpos Savings Cooperatives (hereinafter “Dompos Savings Cooperatives”) for the project “the first stage establishment of the Dompos Savings Integration System” (hereinafter “instant project”) within the contract amount of KRW 1.1 billion (including value-added tax) and nine months from the contract date.

B. On December 30, 2013, the Plaintiff entered into a contract on services (hereinafter referred to as “instant contract”) with nanotechnology Co., Ltd. (hereinafter “Noxex”) to perform the system development services of the instant project from December 20, 2013 to September 19, 2014, with the term of contract of KRW 891,00,000 (including value-added tax) and the term of contract from December 20, 2013 to September 20, 2014.

The main contents of the instant contract are as follows.

The definitions of terms used in the General Conditions of the Service Contract, Article 2 (Definitions) of the General Conditions are as follows:

1. The term "person in charge of contract" means the representative director or the representative director of the plaintiff, who is delegated with the authority concerning the service contract;

2. The other party to a contract means a natural or legal person that has entered into a service contract with the Plaintiff;

6. The term "additional duties" means services which are stated in the business contents other than basic duties or require or approved by a contracting officer in addition to additional duties in order to achieve the purpose of a contract;

Article 12 (Commencement and Report of Services) (2) When any change in the documents submitted pursuant to the provisions of paragraph (1) is required due to a change in the details of business during the execution of the contract, the other party to the contract shall submit the modified documents

Article 13 (Change of Details of Business) (1) A contracting officer may request the other party to the contract to submit the following details of business if deemed necessary for the purpose of contract:

1. Performance of additional duties and special duties;

2. Modification of the service process plan;

3. Deletion or reduction of specific service items.

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