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(영문) 부산지방법원 2020.11.27 2020나40129
부당이득금
Text

Of the judgment of the first instance, the part against the defendant against the plaintiff C in excess of the amount ordered to be paid below.

Reasons

1. Basic facts

A. The Plaintiffs are those engaged in the business registration under each “E” and also the introduction business, etc. in each region.

The defendant is a person who has registered business with the trade name of "F" and conducts the business of development, maintenance and repair of the homepage.

B. On November 11, 2018, Plaintiff A and B entered into a contract for maintenance and repair that provides services to the Defendant with respect to the E website management and hosting affairs (hereinafter “each website maintenance and repair contract of this case”) between Plaintiff A and Plaintiff C on June 1, 2018 and each Defendant on June 1, 2018.

C. At the cost under each homepage maintenance contract of this case, Plaintiff A paid 90,000 won to Plaintiff B, Plaintiff B, and Plaintiff C paid 1.1 million won to each Defendant.

The cost of maintenance and repair is the amount calculated on the basis of one year of the contract term.

Plaintiff

C On October 27, 2017, a web site establishment contract between the Defendant and the Defendant (hereinafter “instant web site establishment contract”) that provides the Defendant with service regarding the establishment of G web site (hereinafter “instant web site”).

The main contents of the instant website construction contract are as follows.

Article 5 (Construction of Web Site) A (hereinafter referred to as "Plaintiff C") shall pay B (hereinafter referred to as "Defendant") a total sum of daily fee for the construction of the web site (Won 18,000,000) to B.

(VAT) Article 6 (Claim and Payment of Costs for Web Site Construction) The Plaintiff C shall pay the Gu million won (Won 9,000,000) out of the cost for the construction of the web site referred to in Article 5 as the starting money at the time of the contract, and shall pay the balance of the Gu million won (Won 9,000,000) within five days from the date of completion of the contract.

Article 8 The period of development of the website shall be 13 weeks (based on the working day) after the determination of the proposal, and may be extended by mutual agreement between the plaintiff C and the defendant.

(Provided, That this shall not be included in the development period). Article 14 (Plaintiff C may terminate this Agreement even if the defendant is deemed incapable of performing this Agreement.

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