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(영문) 서울중앙지방법원 2018.05.11 2016가단5179842

손해배상(기)

Text

1. As to the Plaintiff’s KRW 38,280,00 and KRW 37,00,000 among them, Defendant B shall be from September 11, 2016 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff and the Defendants’ status are those who run a franchise business with the business sign called “D,” and Defendant B is the internal director of Defendant C Co., Ltd. (hereinafter “Defendant Company”).

B. On May 9, 2013, the Plaintiff and the Defendant Company registered “G” and “H”, each domain name indicated in the separate sheet, as the owner and manager of the Plaintiff on May 9, 2013. (2) On June 24, 2013, the Plaintiff entered into an agreement on the establishment of the E homepage with the Defendant Company “E” (Evidence 2, hereinafter “instant construction agreement”).

The main contents of the contract are as follows. A) The scope of services from June 24, 2013 to August 15, 2013 (Article 3(b)): The scope of services provided by the Defendant Company to the Plaintiff shall be based on the “website planning” under a separate agreement, but may be adjusted through written consultation.

(Article 2 and 4(1)(c) Costs of Services: The Plaintiff shall, within three days from the date of the contract, pay the Defendant Company the balance of KRW 1.25 million and KRW 1,250,000,000 in total (Article 5) within three days from the date of the transfer of the domain name (the date of completion of the domain name) (Article 5). The Plaintiff shall receive the delivery data and notify the Defendant Company of the fact that there is no defect (the error or malfunction of the service caused by the cause provided by the Defendant Company after the final examination) after completing an inspection of all the service results, including a report, flas, and the original copy of the PSD file, which is prepared as part of the website construction service, including the work (Article 5).

Successful notice and the defendant company's transfer of its work site to the domain name is deemed to have completed the construction of the defendant company's website at the time of transfer of the domain name (Articles 2 and 7 (1)). Responsibility and duty of the defendant company: The defendant company shall use the document provided by the plaintiff in relation to the performance of the construction of the website.