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(영문) 수원지방법원 안양지원 2017.01.20 2015가단100561
손해배상(기)
Text

1. The Defendant’s KRW 44,00,000 as well as 5% per annum from January 23, 2015 to January 20, 2017 to the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings, as stated in Evidence A(including paper numbers) Nos. 1, 5, 6, 11, 12, 13, 17, and 18(including paper numbers):

The Plaintiff (formerly: A&C) is a corporation that operates software development, service and supply, information and communications construction, signal communications equipment and electrical and electronic export business, etc., and the Defendant is a corporation that operates software development, manufacturing, distribution and related service business, location-based information service, and data construction business.

B. On March 14, 2011, the Plaintiff, the Defendant, and the Defendant constituted a joint supply and demand organization (65% of the Plaintiff’s share, Defendant’s share, 35% of the Defendant’s share), and the Seoul Special Metropolitan City and the Seoul Special Metropolitan City provide “TOPS maintenance, repair, and operation services for the situation room” ordered by the Seoul Special Metropolitan City (hereinafter “instant services”).

(C) 513,00,000 won (excluding value-added tax; hereinafter the same shall apply) for the contract amount;

(2) From March 14, 2011 to February 29, 2012, the service period was determined and entered into a service contract. 2) In detail, the instant service was comprised of ① Computer System-related Services (H/W, S/W maintenance and management, contract amount of KRW 274,10,000), ② Services related to the operation of the situation room (24 hours situation room, contract amount of KRW 168,00,00), ③ Services related to the advancement of the service (application S/W development, contract amount of KRW 69,427,491). Of these, the advanced service was in charge of the Defendant as the development service.

C. The plaintiff, the defendant's pledge, and the attached agreement 1) thereafter, Seoul Metropolitan Government deferred the payment of the balance of the service price of this case on the ground that the service related to the advancement of the service of this case was not performed at all. The plaintiff and the defendant performed the service related to the advancement of the service at the request of Seoul Metropolitan Government, while performing the service related to the advancement of the service at the request of Seoul Metropolitan Government on February 10, 2012, the following pledges

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