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(영문) 서울남부지방법원 2015.12.17 2015가합100229
손해배상(기)
Text

1. The plaintiff's conjunctive defendant shall be dismissed.

2. The primary defendant is KRW 77,652,431 and its primary defendant.

Reasons

Basic Facts

On October 8, 2012, the Plaintiff entered into a contract for the performance of “non-party 2’s non-party 2’s non-party 2’s non-party 2’s non-party 3’s non-party 2’s non-party 3’s non-party 2’s non-party 3’s non-party 2’s non-party 3’s non-party 2’s non-party 2’s non-party 3’s non-party 3’s non-party 2’s non-party 3’s non-party 2’s non-party 3’s non-party 2’s non-party 2’

On the same day, the Plaintiff entered into a service contract with the conjunctive Defendant for the performance of the above service (hereinafter “instant service contract”); the contract amount is KRW 190,000,000; the contract period and the opening date of the web site are the same.

Each clause, such as the contract described in the subsection, was stipulated respectively.

According to the instant service contract, the Plaintiff paid KRW 57,00,000 to the conjunctive Defendant on December 5, 2012, and KRW 57,00,000 to the intermediate payment on January 31, 2013, respectively.

However, upon delay in the development of the ancillary Defendant’s web site, the Plaintiff agreed on April 23, 2013 and April 30, 2013 to postpone the opening date of the web site which was initially set between the primary Defendant and the conjunctive Defendant after consultation with the Nonindicted Defendant, and agreed on the postponement of the opening date of the mobile web site on May 15, 2013.

Around that time, the Plaintiff still seems to be unable to open a web site on May 15, 2013 because the web site development was still insufficient, and the Plaintiff’s employee posted the Plaintiff’s employee to conduct the services of developing the web site along with the ancillary Defendant. As a result, the Plaintiff opened the C web site on May 17, 2013.

However, there were still errors in the opened web site, and the employees of the Plaintiff continued to correct the error of the continuous web site and to supplement the undeveloped portion, and the employees of the preliminary Defendant was found on May 20, 2013 at the development site at the request of the Plaintiff.

On June 4, 2013, the plaintiff and the conjunctive defendant raise an objection.

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