2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

A. The Plaintiff is a company that aims at online education brokerage business, etc., and the Defendant is a person who carries on business such as design and web site production, etc. in the trade name of “C”.

B. On February 23, 2018, the Plaintiff entered into a service contract with the Defendant on May 31, 2018, with the content that the Defendant would complete the development of the web platform for education (hereinafter “instant contract”) on the service charge of KRW 30,00,00 (excluding value-added tax, KRW 30,000 (30%) at the time of contract, intermediate payment (40%) at the time of design completion, and the remainder (30%) at the time of completion of design completion, and paid the Defendant the down payment of KRW 9,90,000 (including value-added tax) (including value-added tax) on February 26, 2018.

C. On April 30, 2018 and May 3, 2018, the Plaintiff sent an e-mail to the Defendant to the effect that “the instant contract is terminated pursuant to Article 13, etc. of the instant contract on the ground of the Defendant’s nonperformance,” and the Defendant received the e-mail on May 3, 2018.

Article 13 (Termination of Contracts)

1. One of the parties may terminate the principal contract with the other party without a peremptory notice in the following cases:

(7) If the other party has breached, in whole or in part, this contract, or if it is deemed difficult for the other party to maintain this contract on a reasonable ground.

5.With regard to the preceding three paragraphs, where the contract is terminated due to the reasons attributable to B (Defendant), B shall return 50% of the total development cost of Article 4 services that was received from A (Plaintiff) to A within 30 days from the date of termination, and all the outcomes and results developed by the time of termination shall belong to A.

Provided, That where this contract is terminated due to a cause attributable to A, B shall not refund the development cost of the services already received from A.

Of Article 13 of the Agreement on Termination of Contract of this case, the contents relating to this case are as follows.

E. The Plaintiff’s rescission of the instant contract on the ground of the Defendant’s nonperformance or mistake.