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(영문) 서울남부지방법원 2020.09.18 2019가합100081
손해배상(기)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a business operator operating a "D hotel" located in the Si of Gunsan, and the Defendant is a company that engages in the export and import business of products related to computer systems.

On February 10, 2015, the Plaintiff and the Defendant concluded a contract for the manufacture, supply, and installation of hotel operating system (hereinafter “instant contract”) with the Defendant to provide D hotel with a hotel operating system, including softs, scams, HS systems, and software, and the Plaintiff to pay 227,70,000 won as the price.

B. On April 24, 2015, the Defendant completed the supply and establishment of the above hotel operating system to a D hotel, and the Plaintiff paid KRW 227,70,000 to the Defendant around that time.

C. On December 4, 2017, the Plaintiff sent to the Defendant content-certified mail to the effect that “The Defendant, without prior notification, installed a system different from the instant contract and installed the system, is difficult to operate a normal hotel. It is difficult to resolve the defects of the installed system or to bear the cost of replacing the system.”

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1 to 3 (including branch numbers), the purport of the whole pleadings

2. The parties' assertion

A. According to the Plaintiff’s assertion contract, the Defendant decided to set up a “Epme Pm” royalty system (hereinafter “Epme”) on the Plaintiff, but in fact, established a “CS Pmp license system” (hereinafter “CS”).

Accordingly, it is impossible to normally operate a D hotel due to the difference between SS and other parts of the hotel operation system, such as the difference in the settlement of charges or the stop of the system.

The plaintiff cancels the contract of this case on the ground of the defects in the system established by the defendant, and claims the return of KRW 227,700,000 paid to the defendant.

B. The Plaintiff and the Defendant agreed to change the system to SS.

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