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(영문) 인천지방법원 2019.02.20 2018가합356
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a corporation established for the purpose of developing and supplying software, manufacturing and selling radio communications apparatus, etc. The Defendant is a corporation established for the purpose of the construction and design supervision of fire-fighting systems, inspection of fire-fighting systems, etc.

B. 1) On April 29, 2016, the Plaintiff bears 70,000,000 won for the development of the fire receiver (R-type complex) and the mid-term meter on the part of the Defendant on the part of April 29, 2016, and the contract amount of KRW 35,00,000 (value-added tax; hereinafter the same shall apply).

(2) As to the term of the contract from April 29, 2016 to October 30, 2016, the term of the contract is determined as between April 29, 2016 and October 30, 2016.

At the time of the conclusion of the first development contract, the Defendant agreed to pay the Plaintiff the remainder of KRW 17,500,000,000, which is 50% of the contract amount, in advance within seven days after the contract was concluded, within seven days after the contract was concluded. 2) On June 29, 2016, the Plaintiff entered into a development contract with GUI (hereinafter “fire receiver, etc.”) (hereinafter “the second development contract of this case” in combination with the monitoring program; hereinafter “the first development contract of this case”) with the Defendant during the period from June 29, 2016 to October 30, 2016.

At the time of concluding the second development contract, the Defendant agreed to pay the contract amount to the Plaintiff within seven days after the contract was concluded.

3) The Defendant paid to the Plaintiff KRW 24,50,000,000 for advance payment under the instant development agreement and KRW 7,500,000 for the contract amount under the instant secondary development agreement. (c) The instant development agreement amendment agreement following the delay of development, such as the fire receiver, etc. 1) The Plaintiff did not complete the development of the fire receiver, etc. by October 30, 2016, which is the expiration date of the contract period stipulated in the instant development agreement.

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