1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) shall be the defendant (Counterclaim plaintiff) on 328,959.

1. Basic facts

A. The Defendant, along with the personal information of the non-party corporation (hereinafter “personal information”), is an enterprise selected as one of the project executors of the KNCCS “KNCCS” in the Navy of the Republic of Korea from 14 to 16 years (hereinafter “KNCC”) and performed the instant project.

B. On May 19, 2014, the Plaintiff provided the service to the Defendant with respect to the function improvement of the software among the instant businesses, from June 18, 2014 to July 17, 2016, and the Defendant is obliged to pay the Plaintiff KRW 700,000,000 for service costs. The instant service contract is “the 14-16KNCCS maintenance and repair contract (SW function improvement, etc.)” below.

(A) A) concluded the instant service contract from June 18, 2014 to July 17, 2016, and performed the service in accordance with the instant service contract.

2. Judgment on the plaintiff's main claim

A. The Plaintiff asserted that the Plaintiff entered into a service contract with the Defendant for the improvement of software function, as well as for the improvement of software function of the instant business, and provided maintenance and repair services to the Defendant. As such, the Defendant paid the Plaintiff the service cost for the provision of maintenance and repair services, and even if the Plaintiff and the Defendant did not enter into a service contract

Since the plaintiff provided maintenance and repair services to the defendant, the defendant shall pay to the plaintiff the amount equivalent to the service cost pursuant to Article 734 of the Civil Act. Since the legitimate service cost for maintenance and repair services performed by the plaintiff is KRW 315,00,000,000, the defendant is obligated to pay the plaintiff 315,000,000 and delay damages.

B. Whether the Plaintiff and the Defendant entered into a service contract for software maintenance work of the instant project, the Plaintiff, as well as the Plaintiff.