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(영문) 서울중앙지방법원 2014.09.18 2012가합98244
손해배상(기)
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2...

Reasons

The main lawsuit and counterclaim are also examined.

1. Basic facts

A. On December 17, 2009, the Plaintiff and the Defendant entered into a joint business agreement between the Plaintiff and the Defendant with the aim of providing computer program development advisory services, etc., and the Defendant is a company with the objective of providing Internet linkage services. (2) On December 17, 2009, the Plaintiff and the Defendant entered into a joint business agreement with the CDN services (hereinafter “instant joint business agreement”) with a view to jointly providing CDN services to customers using equipment and circuits owned by the Defendant.

3) The main contents of the instant joint project agreement are as follows. Article 2 (Definitions of Terms)

1.The definitions of terms used in this Agreement shall be as follows:

For the purpose of providing CDN services to customers: Full Article 3 (Scope of Services and Provision of Services) of the Network Act, which is wholly responsible for software and operation built by the Plaintiff on the hardware provided by the Defendant: The line provided by the Defendant and the line for the transmission of hardware provided by the Plaintiff, provided to customers using the Plaintiff’s fashion

1. The customers subject to the business of CDN services jointly undertaken by the Defendant and the Plaintiff are as follows:

(1) Customer who transmits a variety of large-scale file to multiple users, ② Customer who sells broadcast content content and provides online services in operation of online services, such as P2P Web download. ③ Customer who is operating online services to transmit a large-capacity content online, such as game software or applied software, ⑤ Customer who is operating file painting services, such as a traffic image and flive file, and flive video services.

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