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(영문) 대구지방법원 2018.01.18 2015가단118165
용역비
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Nonparty EXE Co., Ltd. (hereinafter “EXE”) concluded a service agreement on the instant project with A University on July 31, 2013, which was a consortium representative company (hereinafter “instant project”) with the Defendant and Nonparty, Inc., Data Bank System (hereinafter “DB System”) to organize a consortium and run the business of building the Integrated Information System for Next University Household (hereinafter “A University”).

Specific contents of the services to be performed by EXE, etc. were stipulated in the specifications (No. 17-3, hereinafter “the specifications of this case”) attached to the instant project agreement (Evidence No. 17-1, No. 17-3, hereinafter “instant specifications”).

This includes group wae and electronic document management (ECM) service (hereinafter “instant service”).

B. As a result of the closure of EXE, the Defendant and DB system business comprehensively acquired all the rights and obligations of EXE with respect to the instant business on July 31, 2014, and accordingly, A University terminated a service contract with EXE (Evidence 4) on August 8, 2014, and entered into the same service contract with the Defendant on September 2, 2014.

(No. 20 No. 1) No. 2. The allegations of the parties

A. The Plaintiff’s assertion 1) concluded a contract with EXE on the instant service. The Defendant, who succeeded to the entire rights and obligations of EXE on the instant service, is a party to the instant service contract against the Plaintiff. 2) The Plaintiff, A University, and EXE, after consultation, confirmed the function of the Plaintiff among groupwa and EC system functions in the specifications of the instant case as a functional document, and confirmed the content and scope of the instant service to be performed by the Plaintiff.

The Plaintiff realized most of the functions set forth in the functional justice, such as establishing the Groupwe system and the EC system.

3. However, A University and the Defendant are not included in the scope of the instant services.

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