손해배상(기)
1. Revocation of a judgment of the first instance;
2. The Plaintiff (Counterclaim Defendant)’s principal claim and the Defendant (Counterclaim Plaintiff)’s counterclaim.
1. Basic facts
A. On April 30, 2012, the Plaintiff, a corporation, engaged in the business of the production, maintenance, and repair of a website, concluded a program development service contract (hereinafter “instant contract”) with the Defendant on the following grounds: (a) the Defendant developed four web sites, including D (hereinafter referred to as D only); (b) E, F, and the content of the development and calculation of the language program; (c) the userUI is three of D, E, and F; and (d) the operator falls under the managerUI).
B. The development of a web site is conducted in the order of ① planning and design phase (PT file), ② Web design phase (PSD file), ③ crowdfunding work phase (HTL, CS, JS, GIF, and PNG file) (4) program work phase (functional analysis, DB design, server-type, server-type, display, and JSP file, and open on the site). The instant contract is the content that the Plaintiff provided the Defendant with the results of the phase, and the Defendant provided the services based on them.
C. The service period stipulated in the instant contract was from May 1, 2012 to August 31, 2012, but only the development of D and D’s program among the four web-sites set out in the instant contract purpose was conducted for the first time October 2012.
[Recognition] Facts without dispute, entry of Gap evidence No. 1, purport of the whole pleadings
2. Determination as to the cause of the principal claim
A. On October 16, 2012, the Plaintiff asserted that the Defendant unilaterally suspended the performance of the contract, and then set up contact and asked the Plaintiff whether he/she finally wishes to complete the work, and expressed his/her intent not to perform the contract by failing to give any reply to e-mail on October 22, 2012, and also refused the Plaintiff’s legitimate request for inspection. This is also the Plaintiff’s refusal to perform this contract without any justifiable reason under Article 8(1)3 of the instant contract without any justifiable reason, or the occurrence of any other important reason.