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(영문) 대전지방법원천안지원 2019.05.22 2018가단112525

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that operates a business that leases a program capable of mass transmitting text messages for election campaign to candidates with a black phone, and the Defendant is a company that provides a server.

B. On January 26, 2017, the Plaintiff entered into a server use contract (hereinafter “instant contract”) with the Defendant, providing the web server (175,000 won per month) and the data server (350,000 won per month) with a total service fee of KRW 525,00 (excluding value-added tax) for one year from February 1, 2017 to January 31, 2018.

The main contents of the terms and conditions applicable to the instant contract are as follows.

Article 30 (Suspension of Provision of Services) (1) The defendant may notify the customer company of the payment of unpaid service charges for a fixed period of not less than seven days, and where the customer company fails to pay unpaid service charges despite the defendant's notice of payment, the defendant may suspend the provision of services to the relevant customer company.

(2) Where the provision of services is suspended under paragraph (1), the defendant shall notify the customer company of the date and time of suspension, reasons therefor, etc.

Article 46 (Indemnification) (1) The defendant shall compensate for damages caused by the failure of the customer to use the service due to the failure of the customer to use the service due to the reason attributable to the defendant during the period of using the service for consideration

(2) The amount of compensation for damage under paragraph (1) shall be three times the amount calculated by multiplying the average service fee per hour during the latest one month by the time when a customer fails to use a service, and it shall be limited to service fees for the latest one month.

(3) In cases where a customer uses two or more services, the standards for calculating damages shall be limited to the service charges in which disability occurs.

C. The defendant takes measures to suspend the provision of servers to the traders in arrears with user fees.