(영문) 대전지방법원 논산지원 2018.01.18 2017가단20268

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(영문) 대전지방법원 논산지원 2018.01.18 2017가단20268

손해배상(기)

Text

1. The Defendant’s KRW 75,00,000 as well as the Plaintiff’s annual rate of 5% from February 23, 2017 to January 18, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a company that conducts research on integrated logistics support and develops software, etc. (hereinafter “IS”) and the Defendant is a company that engages in the development, sale, etc. of oxygen equipment.

Article 2 (Contents and Scope of Technical Services) The contents and scope of this Technical Services shall be governed by the “TAS Commission IS Technical Services Performance Plan” attached, and if it is necessary to modify the contents and scope thereof, it may be corrected, supplemented, and added under prior consultation of the original and the defendant.

Article 3 (Period of Technical Services / Contract Amount) The period of this technical service shall be until December 31, 2017 from the effective date of the contract, and may be extended or adjusted by agreement of the original and the defendant, and the date on which the plaintiff's performance of service is approved shall be the date of completion.

Article 4 (Prohibition of Substitute Payment) The amount of service shall be KRW 300 million (excluding value-added tax).

1. Advance payment: To pay 45 million won which is 15% of the contract amount within 14 days after the conclusion of a contract;

2. The first intermediate payment: 45 million won shall be paid after the completion of the examination of the head of the Gun (LDC).

3. The second part: After completion of the ex-factory acceptance test (FAT), 90 million won shall be paid.

4. The third part payment: 30 million won shall be paid after the completion of operational test and evaluation (OT&E);

5. Balance: To pay 30 million won which is 10% of the contract amount after approval of the final report on technical services by the plaintiff.

Article 7 (Execution of Services)

1. With respect to all problems arising in the course of the Plaintiff’s performance of services, the Plaintiff shall provide the Defendant with the problems and solutions.

2. Where a system comprehensive business entity requests explanation on the details of the development of the IS conducted by the Plaintiff to the Defendant, the Plaintiff must perform it in consultation with the Defendant.

Article 8 (Supervision over Performance of Contracts) The defendant may supervise the process of performing technical services, and may request the plaintiff to provide data for such purpose.

§ 12.

유사 판례

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