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(영문) 서울중앙지방법원 2014.07.25 2013가합560166
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 10, 2009, the Plaintiff entered into a contract with Seoul Qro with respect to the “Seoul Qro 2-Cro history and the establishment of the real-time information system in the Jeondong-dong (hereinafter “instant project”) on the following terms:

1) The instant project includes the production, installation, removal, operation, maintenance, and management of the said system and the operation of video advertising. The Plaintiff shall be designated as the instant project implementer. 2) The Plaintiff shall pay advertising fees to the Seoul Metropolitan Government (Seoul Metropolitan Government) each quarter during the contract period excluding the system installation period in return for the operation of the advertisement.

3) The Plaintiff is not exempt from its obligations and responsibilities under this Agreement on the grounds that the Plaintiff’s obligations are performed by designer, supervisor, constructor, and subcontractor. (B) After all, the Plaintiff’s media (former trade name: Non-Nez., Co., Ltd., Ltd., Ltd., a special purpose company for the instant business (formerly changed: hereinafter “non-z media”).

(C) On February 11, 2010, the Plaintiff entered into a contract with the Defendant for the purchase of computer goods for the purpose of the said system (including software license) at KRW 968,684,800 (excluding value-added tax) with the content that the instant project implementer would be supplied to the Defendant for the purpose of the said system at KRW 968,684,80 (excluding value-added tax) (hereinafter referred to as the “instant contract”).

(D) On the other hand, Microfrate (hereinafter “ms”) was supplied with computer equipment, etc. under the instant contract, and the Defendant paid the price in full.

) The software license is an internal user license (End User License A. hereinafter “internal license”) in the software license.

(vi) Prone of commercial services and external commercial services;

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