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(영문) 서울남부지방법원 2018.02.06 2015가단204162
공사대금
Text

1. Defendant B Co., Ltd.: KRW 40,392,787 and 6% per annum from March 3, 2015 to February 6, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a software research and development business, data processing and multi-use software, development, consultation and sales business of non-use software, and Defendant B (hereinafter “Defendant Company”) is a company that engages in the development, sale, lease, service business, etc. of programs, software and systems.

B. On June 27, 2013, the Defendant Company entered into a contract for consolidated maintenance and repair of commercial information and communications equipment (C Group) with the Armed Forces Finance Management Body affiliated with the Defendant’s Republic of Korea during the contract period of KRW 1,707,067,270 and the contract period from June 27, 2013 to June 30, 2015.

C. On June 28, 2013, the Defendant Company entered into a contract with the Plaintiff for technical assistance, such as the maintenance and repair of the foregoing commercial information and communications equipment integrated maintenance and repair services (C Group), with respect to the contract amounting to 690,000,000,000, and the contract period from July 1, 2013 to June 30, 2015, with respect to the aforementioned commercial information and communications equipment integrated maintenance and repair services (C Group), with respect to the contract amounting to 159,387,00,000, and the contract amounting to 159,387,000,000, and the contract period from July 1, 2013 to June 30, 2015.

The sum of the above two contracts is 'the primary contract'.

A person shall be appointed.

D. The Plaintiff and the Defendant Company terminate the first contract on December 27, 2013, and the said month on December 31, 2013.

The contract amount of 64,796,050 won and the contract period of 1 January 1, 2014 to June 30, 2015 with respect to technical assistance services for the integration, maintenance, and repair of the commercial information and communications equipment (C Group) as described in paragraph (1) is "the second contract".

AB concluded the agreement.

E. Around February 9, 2015, Defendant Company entered into the second contract with the Plaintiff.

2. 23. A notice of termination was given.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Gap evidence No. 5, Gap evidence No. 10-1, 2, Gap evidence No. 12, 13, Eul evidence No. 1 and the purport of the whole pleadings

2. The summary of the plaintiff's assertion is the second contract of the defendant company.

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