손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On January 17, 2014, the Plaintiff operating “B” entered into a contract with the Defendant for the establishment of the Plaintiff’s online shopping mall website (hereinafter “instant website”) with the Defendant at KRW 3.5 million (the contract amounting to KRW 1.75 million, the remainder KRW 1.755 million, and the remainder KRW 1.755 million) from January 17, 2014 to February 17, 2014 (hereinafter “instant contract”).
Meanwhile, Article 5(2) of the instant contract provides that “if the key design concept confirmation of the Plaintiff’s side or the delivery of content data is delayed, the development period shall extend as much as the delayed date,” Article 5(3) provides that “the development period shall be counted from the time when content data are delivered to the Plaintiff,” and Article 7(3) provides that “where the Defendant is unable to provide services according to the schedule, the Defendant shall pay to the Plaintiff penalty for delay equivalent to 3/1,000 of the total service amount per day of delay per day shall be paid to the number of delayed days.”
However, if the cause of delay is either the plaintiff or the defendant is delayed due to a cause not attributable to him/her, the defendant shall not be held liable for delay.
“The balance after the final examination shall be paid in accordance with Article 8(3).
The term "each provision" is defined as "."
B. On January 21, 2014, the Plaintiff remitted the down payment to the Defendant.
On January 29, 2014, the Defendant sent the instant website note to the Plaintiff, and passed on February 3, 2014 at the end of the Plaintiff’s request for correction on several occasions.
On February 7, 2014, the Defendant sent the instant web site website hub to the Plaintiff, made correction upon the Plaintiff’s request for correction on February 16, 2014, and requested the Plaintiff to examine the completion of the instant web site on March 4, 2014, and made correction upon the Plaintiff’s request for correction on March 7, 2014.
After final inspection of the instant website, the Plaintiff transferred the remainder to the Defendant on March 13, 2014.
Then, on April 11, 2014, the Defendant transferred all ownership of the instant website to the Plaintiff.
C. The plaintiff does not belong to this case.