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(영문) 서울남부지방법원 2019.07.03 2018가단233406
용역비
Text

1. The plaintiff's claim is dismissed.

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

Reasons

On March 7, 2017, the Plaintiff demanded the Korea Rural Community Corporation to produce and request a software that is capable of realizing C (all devices displayed in CCTV and other images) that the Defendant contracted with the Korea Rural Community Corporation (a condition affecting the structure of reservoir, etc.) and entered into a contract for the production of a program (hereinafter the instant contract) with the Korea Rural Community Corporation with the content that the software would be supplied for 7 prices and be paid part of the contract price upon completion of the software, and the Plaintiff did not pay 60 million won of the service price under the instant contract on the ground that the Plaintiff completed the reservoir management program, which is the duty of care, but did not add the function of detection, etc., and did not cause new sales.

The Defendant asserted that the software of this case was not only the reservoir management, but also the production of a crypt program and an integrated management program, such as the falling management, tunnel management, and boundary management, and that the contract of this case includes maintenance and repair for this purpose, but also it cannot be paid because the Plaintiff’s creation and suspension of the reservoir management program during development.

First, examining whether the scope of production of the software of this case is limited to the maintenance of the reservoir as alleged by the plaintiff, the entry of the evidence Nos. 2 is written as the program of this case, and does not contain any specific contents. However, according to the evidence Nos. 26, 31, and 32, prior to the contract of this case, the scope of production provided by the defendant to the plaintiff to specify the specific scope of work of the plaintiff is included in ruptures, tunnels, fallen rocks, etc., in the measurement rupture, and it is recognized that the plaintiff and the defendant exchange and exchange the functions related to falling rocks, etc. in the process of manufacturing the software of this case with the plaintiff and the plaintiff did not submit counter-proofs.

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