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(영문) 서울남부지방법원 2018.03.29 2016가합112724
채무부존재확인
Text

1. NT. In the principal lawsuit against the Defendant (Counterclaim Defendant) C Co., Ltd., the knowledge-based examination system N.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a stock company with the purpose of maintaining and repairing computer systems and communications equipment, and entrusted operation business. (2) Defendant B is a stock company with the purpose of developing software, etc., Defendant C is a stock company with the purpose of developing and operating the market of EP and X-S computer products and parts, selling, installing and repairing parts, etc.

B. On December 10, 2015, the Plaintiff entered into a service contract between the Plaintiff and D institutions and the Plaintiff’s contract amounting to KRW 6,695,00,000 (including value-added tax) with respect to the business of improving knowledge-based screening systems (hereinafter “instant business”). On December 29, 2015, the Plaintiff entered into a contract with D institutions on December 10, 2015 to provide services related to the “knowledge-based screening system” (hereinafter “the instant software contract”). On December 29, 2015, the Plaintiff entered into a contract with Defendant B to provide information-based screening systems (hereinafter “the instant software contract”).

The main contents relating to the instant case are as follows:

The name of the software delivery contract: The contract amount for the EHA Solosh Supply Contract: 1,380,000,000 won for the knowledge-based review system: Article 4 (Scope of Contracts) of the General Conditions for Payment after Customer Examination (Scope of Contracts) 1 of the Terms and Conditions for the Contract concluded by the D and the Plaintiff, among the “N-based system construction projects” entered into between the D and the Plaintiff, the scope of this contract is the scope of the business.

- Other matters shall be conducted through consultation.

Article 11 (Termination and Rescission of Contract) (2) In the event that the defendant B falls under any of the following subparagraphs, the plaintiff may cancel the contract if the correction is requested by the defendant B, and the plaintiff is not corrected by the defendant B.

2. Defendant B has no prospect for the performance of the contract within the contract period.

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