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(영문) 대전지방법원 2015.05.27 2014가합5474
매매대금 등
Text

1. As to the Plaintiff’s KRW 300,000 and KRW 22,1540,000 among them, the Defendant shall start on March 26, 2014, and the remainder on September 9.

Reasons

Basic Facts

On September 2008, the Defendant purchased the CATSV5 program (hereinafter “instant program”) that was developed by Daun Systun System Co., Ltd. (hereinafter “Systun system”) from Mesian Co., Ltd., and concluded a contract on maintenance and repair of the instant program with the Plaintiff, which was an official agent of Maststun system, from September 29, 2010, and received technical assistance, right to use all but all services, including the latest servers, from the Plaintiff.

On September 26, 2013, the Defendant concluded a contract for maintenance and repair with the Plaintiff on the condition that the existing maintenance and repair contract for the instant program is renewed by September 28, 2014, and that the amount of use shall be paid at KRW 18 million (including value-added tax) within 30 days after the issuance of a tax invoice.

(hereinafter referred to as “instant maintenance and repair contract.” On December 2013, the Defendant decided to purchase the Plaintiff’s CATA V5 program and equipment (hereinafter referred to as “instant additional program”) from the Plaintiff to KRW 31.4 million (including value added tax) and entered into a sales contract with the Plaintiff (hereinafter referred to as “instant sales contract”) with the following terms, and around that time, installed the said program and equipment to the Defendant:

Article 3 (Contract Amount and Price Payment) The total amount of one contract system is KRW 274 million (excluding value-added tax).

2) A (the Defendant of this case) shall pay the price for “CATA system and hardware equipment” recorded in the separate sheet to B (the Plaintiff of this case) in cash. The payment of KRW 274 million (Additional tax separate) shall be made in installments after the completion of the installation. (1) In installments in three months after the completion of the installation of the system, KRW 274 million (Additional tax separate) shall be paid in installments. (2) On January 29, 2014, KRW 96 million (Additional Tax separate) shall be paid in installments on two occasions, and (3) on two occasions, KRW 89 million (Additional Tax separate) shall be paid on March 28, 2014. (4) The payment shall be made in installments in installments on March 31, 2014.

§ 9.

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