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(영문) 서울고등법원 2020.11.18 2020나2003985
수수료 등 청구의 소
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The part excluding the conclusion among the reasons for the reasoning of the judgment of the court of first instance regarding the instant case is to be cited by the court in accordance with the main sentence of Article 420 of the Civil Procedure Act, except for the determination of addition under paragraph (3) as to the assertion added or emphasized by the plaintiff in this court as set forth in the following paragraph (2).

2. The part to be filled by the court of first instance shall be replaced by the following table:

Article 4 (Supply and Installation of Supply Contracts) of the Framework Agreement on the Supply Contracts of this case

1. The Plaintiff shall complete the supply (establishment) of hardware or software under the supplementary contract at a place designated by the Defendant not later than the date of completion of the supply (establishment) stated in the supplementary contract, and shall provide the Defendant with free of charge the relevant hardware or software-related teaching materials and technical materials.

The details of hardware provided at the time of installation or the types of the Code or the types of the Code or the language, provided at the time of installation, shall be as specified in a supplementary contract.

The completion of the above delivery(s) means that the hardware or/or software in question can fulfill all the functions specified in the relevant teaching materials and technical data.

Article 7 (General Matters Concerning Drwegs)

5. For hardware products supplied to the Defendant, the Plaintiff of spare parts must always possess the quantity of spare parts specified in the supplementary contract, and the products must be used only for the purposes requested by the Defendant, such as replacement for maintenance and repair urgently requested by the Defendant.

In order to perform the maintenance and repair of the service result product defects, defects, defects, etc. during the life period determined by the Defendant, the Plaintiff shall at all times forecast the reasons for difficulty in the supply and demand, such as the classification of the service result parts, and consult with the Defendant in advance to ensure that it does not interfere with the maintenance and repair.

Article 13 (Violation of Intellectual Property Rights)

1. The plaintiff is the defendant.

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