손해배상금 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The representative C of the Plaintiff Company managed the company that manufactures semiconductors, parts, equipment, etc. called “D” in addition to the Plaintiff Company, and the Plaintiff sold the products manufactured by the said company in offline.
The plaintiff planned to establish E in order to sell the above products online, and requested the defendant to produce a website for this purpose.
B. On June 23, 2014, the Plaintiff entered into a web site creation contract (hereinafter “instant contract”) with the Defendant, with the name of the contract (ju EB2B) agreement, contract amount of KRW 60,000,000 (including value-added tax), and the period of development from June 24, 2014 to November 30 of the same year, and the period of Burter entered into a web site creation contract (hereinafter “instant contract”).
The Plaintiff paid 30,000,000 won to the Defendant on the date of conclusion of the instant contract.
C. The end of the above development period was changed from November 30, 2014 to February 28, 2015 by agreement of the original and the defendant, and the end of the development period was changed again on March 31, 2015.
If necessary for the efficient performance of the service at the time of the conclusion of the contract of this case, the period may be extended by consultation between the cost and the defendant at least seven days prior to the expiration of the contract period (Article 4 of the contract), and if the web site development within the contract period is not completed without any cause attributable to the plaintiff, the termination of the contract can be terminated (Article 14 of the
Due to frequent change or revision of the plaintiff, the web site development stipulated in the contract of this case was considerably delayed.
On March 26, 2015, the Plaintiff notified the Defendant to the effect that the contract of this case will be rescinded if the website production is not completed by the 31st of the same month, and the same year thereafter.
4. On March 1, 200, the Defendant’s content-certified mail stating that “The down payment paid by the Plaintiff as the instant contract was rescinded, and the damages suffered by the Plaintiff due to the Defendant’s nonperformance.”