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(영문) 서울중앙지방법원 2014.11.28 2013가합563110

원상회복청구의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. (i) The Plaintiff is an entity that originally provided WMA and radio network equipment and related services for its own Internet (Wi-Bro), which is a telecommunications service provider, and the Defendant is an online package, offline service program development, and service provider.

Online supporters and lifts services are services that output, print, and provide results, such as editing, in real form, and output, printing, and printing, which are compiled by a business operator, in connection with the relevant Internet website, by selecting background, radars, architecture, etc., after accessing the relevant Internet website.

(2) On August 1, 201, the Plaintiff entered into an agreement with the Defendant on August 1, 201 to conduct the instant service business in Japan, and entered into an agreement with the Defendant on support for the development and operation of online culture and green-line service programs on September 15, 201.

(hereinafter) The contract of this case is the contract of this case, and the above program is the program of this case). The plaintiff's role in the contract of this case was the establishment of infrastructure, web site planning, and system operation for the service business of this case. The defendant's role was the development of the program for the service of this case, online infrastructure consulting, web site construction, and provision, maintenance and repair of the program of this case.

The main contents of the contract of this case are as shown in the attached Form.

B. (i) The Plaintiff commenced the instant service in Japan around April 1, 2012, following the Defendant’s development and supply of the instant program, establishing an online website, or providing a solution for the service.

B. On June 1, 2012, the Defendant requested the Plaintiff to conduct an inspection and payment of the remainder of the development completion under Article 5(4) of the instant contract (the completion of the preparation of the title of the instant service) upon completion of the program development completion and the provision of the solution.