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(영문) 부산지방법원동부지원 2014.06.20 2013가합101042
손해배상(기)
Text

1. The Defendant’s KRW 70,000,000 and the Plaintiff’s annual rate of KRW 5% from October 15, 2013 to June 20, 2014.

Reasons

1. Basic facts

A. The Plaintiff is an educational foundation that operates the Youngsan University and its affiliated organizations, and the Defendant is a company that mainly engages in business such as software development, repair, etc.

B. (1) In order to establish a distance education system, such as a contract for the establishment of the distance learning management system, the Plaintiff entered into a contract for the establishment of the distance learning management system (Lms; hereinafter “instant system”) with the Defendant on May 27, 201, in order to establish a distance education system with which credits can be recognized pursuant to the credit bank system (a system that recognizes various learning and qualifications performed in and out of schools as credits in accordance with the Act on Recognition of Credits, Etc.) under the supervision of the Ministry of Education, Science and Technology (around May 27, 201, after undergoing the Defendant’s proposal presentation presentation (hereinafter “instant contract”).

(2) The contract amount under the instant contract is KRW 144 million (including value-added tax; KRW 50% is included, KRW 50% is paid after the completion of Lmms website; and KRW 50% is paid after the last inspection); the contract period is from May 27, 201 to November 30, 2011; and other major contents are as follows:

Article 2 (Scope of Construction)

1. In the case of a remote learning management system (see attached Table), a remote learning management system (Lms and LCs) shall be supplied in a fashion, and the function of the product shall correspond to “the essential function of the remote learning management system (Lms and LCs)” as stated in the “Master Plan for the Assessment and Assessment of Credit Bank System of 201.”

Assistance in the book chain linkage shall be supported.

2. The project period of smart app construction (hereinafter referred to as the "project period and maintenance and repair") shall be the same as the contract period specified in the essential river, and the free maintenance and repair period shall be one year from the date on which the project is completed; and

After the lapse of one year from the end date of the project, the plaintiff and the defendant shall conduct separate maintenance and repair for consideration through negotiations.

Article 9 (Compensation for Damages)

1. The plaintiff and the defendant.

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