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(영문) 서울남부지방법원 2016.04.28 2015가단30774
손해배상(기)
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 63,940,000 to the Defendant (Counterclaim Plaintiff) and its related amount from August 12, 2015 to April 28, 2016.

Reasons

1. Facts of recognition;

A. On November 5, 2014, the Plaintiff entered into the instant contract with the Defendant for the supply of hardware and software to eight solar power plants (hereinafter “instant business”). On November 5, 2014, the Plaintiff paid KRW 20 million to the Defendant on the day when the contract was entered into.

[The contract amount under the instant contract shall be increased to KRW 203,800,000 ( KRW 224,180,000 where value-added tax is included) last from the first KRW 200 million (including value-added tax).] Article 2 (Scope of Supply and Development)

1. Construction of the B eight solar power plants supply and monitoring systems;

2. Article 3 (Delivery and Examination) of CCTV Connection 4) of the Monitoring System (Nomenclatures) 1) Comprehensive Monitoring screen - Weather Information, Access Team Information, Twitter Information, and Electric Information 2) - The current status of generation for time/day/months/months/month/years) 3 (Delivery and Examination) of CCTV Connection

1. The defendant must submit to the plaintiff the final result of software development as mutually agreed delivery and development schedule.

Provided, That where the delivery of data and information to be provided by the plaintiff is delayed for smooth implementation, the plaintiff and the defendant may adjust the period by mutual agreement.

2. The Plaintiff shall, upon receiving the final result from the Defendant, notify the Defendant of whether the examination ruling was defective or not without delay.

Provided, That where there is no particular notification from the plaintiff within seven days, the person shall be determined as having passed the examination.

3. Upon receipt of the notification under the preceding paragraph, the Defendant shall promptly make the necessary modifications and re-delivery by the given time limit after separate consultation.

Article 5 (Price and Method of Payment)

1. The Plaintiff shall pay to the Defendant the total amount of KRW 200 million (excluding value added tax) at the cost of the supply and development of hardware of this case as follows:

1) At the time of the conclusion of this Agreement, part payments of KRW 20,000,000 (10%).

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