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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On September 5, 2014, the Plaintiff asserted that between the Defendant and the Defendant, the Defendant developed so-called U.S. PLC 2 so-called U.S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S.S. S. S. S.S. S. S. S.S.
On May 29, 2015, the Plaintiff notified the Defendant of the failure to complete the program and demanded the Defendant to provide a program suitable for the contract.
However, the defendant later changed the above contents of the contract and rejected the plaintiff's request for completion of the program.
As a result, the Plaintiff incurred damages corresponding to the stated amount of claim, such as KRW 7,150,00 (including value-added tax), KRW 7,300,00 for the Plaintiff’s employees’ withdrawal equipment, KRW 7,300,00 for the Plaintiff’s employees, and labor cost of KRW 6,000,000 for the Plaintiff’s representative director, who was incurred from the Plaintiff’s failure to develop the program (= KRW 300,000 per day to KRW 20), and KRW 4,700,00 for the revision to the Control Team in the Second Hyundai Heavy Industries E site, supplied by the Plaintiff, and thus, the Defendant is obligated to pay this money to the Plaintiff.
2. There is no dispute between the parties as to whether the Defendant did not perform his/her duty and whether the contract was concluded by the Plaintiff.
However, since there is a dispute between the parties as to whether the program developed and supplied by the Defendant was modified or not, comprehensively taking account of each of the descriptions and images of the evidence Nos. 1 through 4 (including serial serial numbers) and the overall purport of the pleading, the Plaintiff’s development and delivery of the modern Heavy Industries dedicated program rather than the program initially agreed to the Defendant around October 10, 2014.