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(영문) 서울중앙지방법원 2017.06.20 2014가합26168
손해배상등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 23, 2013, the Plaintiff, a company engaged in the development, manufacturing, and supply of software, concluded a contract for the construction of IP ms (integrated purchase management system; hereinafter “instant system”) between the Korea Southern Development Co., Ltd. (hereinafter “Korea Southern Development”) and the contract amount of KRW 319,00,000,000 and the contract period from September 23, 2013 to December 23, 2013.

On September 23, 2013, the Plaintiff entered into a subcontract for the instant system construction service (hereinafter “instant service contract”) with the Defendant who is engaged in the business of manufacturing and selling computer peripheral devices, etc., and the relevant details are as follows:

2. Signature of a subcontract services contract: IPS (integrated purchase management system) - Construction of a purchase management system - Electronic contracts, hosting disputes, gyms, and supply of an authorized certificate tools.

4. Period for providing services: From September 23, 2013 to December 23, 2013.

5. Contract amount: Article 14 [supply or provision] of the Standard Subcontract Agreement for Software Business (Won 220,000,000) of this billion won (Won 220,000) (1) After completing the performance of the services under this Agreement, the defendant shall supply or provide them according to the procedures determined by the plaintiff and

Article 15 [Receipt and Inspection] (2) The plaintiff shall promptly issue a certificate of receipt to the defendant when the plaintiff has received the knowledge and information products supplied by the defendant even before the examination.

3. The plaintiff shall notify the defendant of the result of examination in writing within 10 days from the date of receipt of knowledge and information-based products by the defendant, except in extenuating circumstances. If the plaintiff fails to notify the defendant within this period, he/she shall be deemed

Article 16 (Disposal of Unqualified Goods) (1) The defendant shall promptly supply substitute goods and take other necessary measures in accordance with the direction of the plaintiff with respect to the performance of services which have failed as a result of the examination under Article 15.

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