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(영문) 서울고등법원 2015.07.23 2014나48516
손해배상(기)
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall register the Frame Work Program from the plaintiff: BGNT.

Reasons

Basic Facts

The Plaintiff entered into the previous contract of this case refers to the establishment of an integrated information system in the company, i.e., the ERP system Eniterling, the company resource management system, while engaging in the information service business and the online information provision business.

A company that develops and supplies “K-Tams” is a company that is engaged in insurance agency business and other businesses incidental thereto.

System Construction Service Contract

1.Article 1 (General Provisions) of the General Conditions for Contracts shall be implemented on the basis of the principle of good faith with respect to contractual matters concerning the development, construction, maintenance and repair of a system with the defendant.

Article 2 [Purpose] The purpose of this Agreement is to enter into an agreement with the Defendant on all matters necessary for the development, establishment, and maintenance of the instant system (such as management of receipts, regulations, and fees, settlement of contract information, customer management) with the Defendant.

Article 3 [Definition of Terms] (1) The term "development and construction of an integrated information system" means basic systems, such as fee settlement, (new contracts, receipts and disbursements), personnel management, accounting, customer management, and internal systems, such as authority management, which are mutually consulted.

2. The term “maintenance and repair of the integrated information system” means the smooth operation of the system, including the partial additional development including the supplementation or modification set forth above and education for employers.

Article 4 (Contract Amount) (1) to (3) shall be determined by dividing the development cost, (4) to (3), and (1).

1. The contract amount for the development and construction of the system under this Agreement shall be KRW 40,00,000 (Additional Tax separately), and 37.5% and 62.5% shall be paid at the time of completion of the contract and at the time of completion.

② Software for Development (hereinafter “S/W”), such as OS (Wdows 2003), data base (m-Sql 2003), GAUCE (Gridol), RD, Visco, studio, Fmework, X-widow, etc. (hereinafter “S/W”), are “S/W” for development of the instant case. The price for development of the instant case is 53,300.

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