(영문) 수원지방법원성남지원 2015.12.11 2015가합200155

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(영문) 수원지방법원성남지원 2015.12.11 2015가합200155

손해배상 청구의 소

Text

1. The Defendant’s KRW 600,000,000 as well as 5% per annum from January 22, 2015 to December 11, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On November 2007, the Plaintiff entered into a contract with the Republic of Korea for basic design service in the field of experience and exhibition at a comprehensive vocational experience center. On April 2009, the Plaintiff entered into a contract for working design and production installation of experience products in wartime.

B. On March 4, 2011, the Plaintiff entered into a subcontract (hereinafter “instant subcontract”) with the Defendant regarding the software business for the construction of the A exhibition and operation system and the website (hereinafter “instant business”).

(hereinafter “Plaintiffs” and “Defendants” are specialized in “A” and “Defendants”.

1. Orderer: Ministry of Employment and Labor;

3. Place where services are performed: No. 910 of the building B of Ansan-si.

4. Period for providing services: From March 4, 2011 to February 28, 2012;

5. Contract amount: 1,620,000,000 won (including the value-added tax) and Article 3 (Contents of Individual Contract) A and B shall determine, through an individual contract, the terms and conditions of service, the time and place of service, the method and time of inspection, the subcontract price, the method and time of payment thereof, and other conditions necessary for entrustment.

Article 4 (Establishment of Individual Contract) (1) In principle, an individual contract shall be concluded when A prepares the contents of Article 3 in writing (including electronic documents) and expresses his/her intention to B, and B approves it.

However, if B wishes to refuse acceptance, it shall notify in writing the intention of refusal within 10 days from the date of receipt of the order by A.

Article 5 (Amendment of Contract) (1) Where it is deemed necessary with A, or where it is intended to amend or add the terms and conditions of contract at the request of the ordering person, A and B may modify the terms and conditions of contract by mutual agreement between A and B.

Article 8 (Price) (1) The price for the performance of this service by Eul shall be calculated by mutual agreement with Gap in accordance with a reasonable calculation method, taking into account appearance, payment period, quality, personnel expenses, etc.

(2) Gap and Eul shall form the basis for computing the price for the performance of this service.

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