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(영문) 서울중앙지방법원 2016.04.22 2015나61919
용역비
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The party's assertion

A. The Plaintiff’s assertion 1) around August 2014, the Defendant received a contract for the “small and Medium Enterprise A/S Support Program (HW, S/W) maintenance and repair services from the Small and Medium Enterprise Distribution Promotion Center of 2014. The Plaintiff was subcontracted 6.20,000 won for maintenance and repair services of the white program “Viiobot” (hereinafter “Viiobot”) among the above services (including service cost of 6.6 million won visiting inspection cost, value-added tax, etc.) (including 2.20,000 won visiting inspection cost, value-added tax), and the Defendant did not pay 6.82,00,000 won for the service cost.

B. Defendant’s assertion 1) Of the service cost claimed by the Plaintiff, KRW 6.6 million is not the cost of service, but the royalty for marina robot. However, at the time of the Defendant’s first receipt of service from the Small and Medium Enterprise Distribution Center, the user fee for marina robot was not included in the payment of service cost. Accordingly, the Defendant merely ordered the Plaintiff to conduct a visit inspection service, and accordingly, did not conclude a contract on the use of marina robot. The Plaintiff was also conducting a visit inspection once according to an agreement with the Defendant. Accordingly, the service cost that the Defendant is liable to pay to the Plaintiff is merely KRW 20,000,000,00

2. Determination:

(a)In full view of the absence of dispute, entry in Gap evidence 1 to 5 (including paper numbers), and the result of the order by the court of first instance to submit documents to the small and medium enterprise distribution center of the court of first instance to find the facts or circumstances as follows:

1) The Plaintiff is a company engaged in the business of acting for, maintaining, and repairing software and hardware and is also included in the Plaintiff’s software subject to licensing agency and maintenance and repair. 2) Of the request for service proposal by the small and medium enterprise distribution center, the list subject to maintenance and repair is included in the list.

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