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(영문) 서울고등법원 2018.09.13 2018나2006912
하도급대금
Text

1. The plaintiff's claim that is changed in exchange in the trial is dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff is a company engaged in the business of manufacturing and selling servers and industrial computer development. The Defendant is a company engaged in the business of processing and other computer management, and the business of developing and distributing hardware software. 2) C Co., Ltd. (hereinafter “C”) is a company engaged in the business of planning, producing and selling telecommunications systems, and the business of manufacturing and selling multimedia systems. F Co., Ltd. (hereinafter “F”) is a company engaged in all environmental-related facilities trade, manufacturing and selling computers and peripheral devices, and H (hereinafter “H”) is a company engaged in the business of manufacturing and selling computer devices.

B. 1) C refers to “E business” that supplies and installs a server, etc. to the main office of the Seoul National Police Agency and the 17 local police agencies (hereinafter “instant business”).

(2) On September 28, 2016, the Defendant participated in the tendering procedure and was selected as a successful bidder on or around September 28, 2016. On October 11, 2016, concluded a contract with the National Police Agency (the ordering person) for the goods of KRW 655,490,000 with respect to the instant project, and then subcontracted the contract to the Defendant. (2) After November 201, 2016, the Defendant provided D server (the model name: G; hereinafter “instant server”) with KRW 198,50,00 (the value-added tax included KRW 218,350,00,000, and KRW 60,000,000 for the supply and installation of the server to H around November 8, 2016, including the supply and installation of value-added tax, KRW 175,00,000, KRW 200,000 (the supply and delivery of the server to the Plaintiff.)

3. Accordingly, H and the Plaintiff.

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