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(영문) 서울중앙지방법원 2018.02.21 2016가단7942

서비스이용대금등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that develops and supplies software, etc., and the Defendant is a web sub-subsidiary company that establishes a website called “D” (hereinafter “Defendant’s website”) and allows its members to download the content of drama or film, etc.

B. On September 22, 2014, the Plaintiff and the Defendant concluded a service contract (hereinafter “instant service contract”) with the term of contract from October 1, 2014 to November 30, 2015.

The contents are as follows: (a) the Defendant provides the Plaintiff with a “E” computer program (hereinafter only referred to as “E”) to reduce the traffic of the “D” operated by the Defendant so that its members can download their contents rapidly and smoothly; (b) the Plaintiff send a written claim for the service fee of KRW 3,850,000 per month to the Defendant by no later than the 5th day of the following month of each use. The main contents of the instant service contract are as follows: (c) the management and operation of the equipment and network of the site of the “customer” in which the service is being conducted through this contract are as follows; (d) the “customer” should disclose information on the equipment / network/site to the “company”; and (e) when there is any change in the contents related to the service after the commencement of the service, the “company” should not provide the “company” with information on the “company” to the “company” and “company”.