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(영문) 서울중앙지방법원 2016.08.24 2016가단5008193
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Facts of recognition;

A. On June 29, 2012, the Plaintiff entered into a service contract for the production of the Plaintiff’s Internet homepage (excluding value-added tax) with Nonparty Co., Ltd. (hereinafter “B”) for the purpose of the development of web programs, software development, sale, etc. on the website that he/she used, and paid KRW 21,00,000,000 in total, from July 2, 2012 to December 2, 2012.

B. B posted the website produced on the Internet on April 22, 2013, and notified the Plaintiff of the completion of development.

On May 27, 2013, the Plaintiff sent notice of the termination of the service contract to B by content-certified mail on the ground that the Plaintiff failed to comply with the contract term and the development of the site that was not completed and notified the Plaintiff of the contract.

C. On August 19, 2013, the Plaintiff filed a lawsuit against B in accordance with the cancellation of a contract with the Seoul Central District Court, and was sentenced on August 27, 2014 to the effect that “B shall pay to the Plaintiff 36,000,000 won (total sum of the contract amount and penalty) and 21,000,000 won among them, with the amount of KRW 15,00,000 from December 3, 2012 until September 4, 2013 until August 27, 2014; and that “the amount of money calculated at each rate of 20% per annum from the next day to the date of full payment” was finalized at that time.

(Seoul Central District Court Decision 2013Da51197, hereinafter referred to as "B") claims based on the above judgment held by the Plaintiff against "B" is D.

B from May 201, the head office was operated in Gangnam-gu Seoul and 11, and the head office was relocated to Gangnam-gu Seoul, Gangnam-gu, 1914 around July 2013, and closed around May 2014.

E. On November 7, 2012, E Co., Ltd. established on November 7, 2012 for major purposes of platform-type website, mobile web, and fish application production business, shall have issued stocks at the time of its establishment.

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