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(영문) 서울중앙지방법원 2014.09.03 2013가합540414
부당이득금
Text

1. The Defendant’s KRW 960,118,094 as well as 6% per annum from January 31, 2013 to September 3, 2014 to the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) On September 29, 201, the Plaintiff entered into the instant contract with the Public Procurement Service affiliated with the Defendant, the Ministry of National Defense (hereinafter “the Ministry of National Defense’s work support group”), the end-user institution.

(2) The Plaintiff and the Defendant concluded a modified contract, including the contract amount of KRW 2,339,99,970, and the delivery period of KRW 0.15%/day of the contract amount for delay, the delivery conditions installation level, and the installment delivery volume, which was determined as a successful bidder in a general competitive bid on the “security or access control system,” which was conducted at the request of the Plaintiff. On December 13, 2011, the said contract was extended to February 20, 2012 by agreement between the Plaintiff and the Defendant. The Plaintiff and the Defendant concluded a modified contract to increase the delivery period to KRW 2,370,89,970 on April 24, 2012 (hereinafter referred to as the “instant contract”).

(2) On November 18, 201, the instant contract changed the Plaintiff’s 36 items, including fingerprint/ card recognition devices and door locking devices, without any change in the contract amount, according to the Plaintiff’s request for change in the quantity and product efficiency to improve the safety and business efficiency of the mountain field.

On May 8, 2012, the Plaintiff requested to review the form change again to the Gyeyang Group on May 8, 2012, and 40 items, including the India server and UPS, were changed to the two-lane shape without changing the revised contract amount.

B. According to the instant contract, the Plaintiff’s business and supply status 1) This case’s contract pertains to the project of installing a central control computer system with equipment to control entry into and exit from the area of the mountain area of the mountain area, the main office and branch office, the number of controlled areas, and vehicles. The Plaintiff’s business under the instant contract is to install the installation of access control equipment by supplying and installing hardware and commercial software (hereinafter “HDwa and commercial software supply installation work”).

(ii) the development of integrated software to manage and utilize access control equipment and records (hereinafter referred to as “integrated software development work”).

- - - shall be composed of

In this case.

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