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(영문) 서울북부지방법원 2013.11.27 2012가합10595
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 1, 2011, the Plaintiff changed PACONN-PNS-S5 PLC to SIENS-S7 PLC and changed PAENNNS-S5 PLC for the Defendant’s and the Defendant’s DON system replacement work. PAPENNNNS-S5 PLC to SIENS-S7 PLC.

(hereinafter “instant replacement project”) entered into a contract with the contractual amount of KRW 520,000,000 (additional tax) and the contractual term of the contract from December 1, 2011 to May 31, 2012.

(hereinafter “instant contract”). The main contents of the instant contract are as follows.

-the specifications and specifications for the replacement of the consortium system;

4. The scope of construction works;

(a) Installation of PEMNS SPLC hardware and software for link-based links (PY-20);

(b) The PC hardware and software (INTUCH), I/O SERVS, BRGE PC;

(c) T 200S and ASI TP replacement and distribution works;

(d) Amending existing programs and automatic control works;

(e) Removal of existing facilities and other matters;

B. On December 10, 2012, the Plaintiff notified the Defendant of the cancellation of the instant contract, as it cannot perform the contract any longer due to the Defendant’s nonperformance of contractual obligations and non-cooperation.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 8, the purport of the whole pleadings

2. Judgment on the ground of the Plaintiff’s claim

A. The plaintiff's assertion that the plaintiff is obligated to provide the plaintiff with the telecommunication protocol (hereinafter "the instant programming protocol, etc.") between PASCON-PLC, SESNS-S5 PLC, and each program in the Bridge PLC and SIEMNNS-S5 PLC, and the plaintiff was unable to complete the instant replacement work.

Inasmuch as the instant replacement was impossible due to the Defendant’s cause attributable to the Plaintiff, the Plaintiff rescinded the instant contract on December 10, 2012.

Therefore, the defendant.

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