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(영문) 서울남부지방법원 2019.01.17 2017가합112929
용역대금 등
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 374,140,00 as well as its annual interest from November 28, 2017 to January 17, 2019.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of manufacturing information and communications equipment, advertising production and agency business, and digital content production and distribution business. Defendant B and C are companies established for the purpose of advertising business, such as advertising materials, advertising equipment production, sales and installation business, advertising planning, advertising media operation, advertising sales, advertising agency business, etc.

B. 1) On August 11, 2016, the Plaintiff entered into a contract with Defendant B on the establishment, operation, and defect repair of the digital media system established in the D shopping mall in Thailand (hereinafter “instant system construction contract”).

A) The contract for the construction of the instant system (Evidence A No. 4) was concluded, and the contractor is Defendant B, but the Signatory’s column is written by Defendant C, and the main text of the contract was written by Defendant C. However, there is no dispute between the parties as to the conclusion that the instant system construction contract was concluded between the Plaintiff and the Defendant B. Meanwhile, each of the representative directors is the same, and the location of the principal office is also the same company, and the Plaintiff appears to have been recognized as the same company. The main contents of the contract are as follows. The purpose of Article 1(1) is to provide for detailed matters concerning the construction and operation of the digital media system (Dwa and operator’s software and devices) and defect repair installed in the digital media mall in Thailand D shopping mall.

1. All the matters of cooperation necessary for the installation of facilities and defect repair operation;

2. All business affairs for operating equipment, such as programs of facilities;

3. Matters, etc. listed in this contract under Article 3.

1. The Plaintiff shall manufacture and install facilities for “facilities” required for digital media devices installed in the D shopping mall as a proposal. The scope of the establishment of facilities is as follows:

2...

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