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(영문) 인천지방법원부천지원 2016.02.19 2015가단115840
채무부존재확인
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person engaged in marina business in the trade name of Gangseo-gu Seoul Metropolitan Government C and 3 as “D,” and the Defendant is a person engaged in mobile web, blograph production, and Internet advertising-related business in the trade name of “E.”

B. On May 1, 2015, the Plaintiff entered into a contract for production, maintenance, and repair of mobile web high-class type and mobile web type (hereinafter “instant contract”) with the Defendant (at the time of the conclusion of the instant contract, the Defendant’s employee F entered into a contract with the Plaintiff on behalf of the Defendant) under which the Defendant would receive blosting (hereinafter or NAV or video), site kiding registration, smartphone phone number, QFC/management program, NFC/management program, and NA registration service for three years each month (excluding value-added tax). On the same day, the Plaintiff paid KRW 1,782,000 to the Defendant.

C. The Plaintiff designated D’s link-related Kwork World, D’s Mwork site, mountain basin, and mountain village Emblock as of the closing date of the pleadings of this case. If the Plaintiff searches at Ntp:/naver.com (hereinafter “NV”) a search portal, a search portal, at the relevant Kworkboard designated by the Plaintiff as of the closing date of the pleadings of this case, D can be confirmed at the site search results.

On May 18, 2015, the defendant made a registration of D mobile website (G) and prepared and registered D Advertising website (H) on N.V. B around the 18th day of the same month.

E. On July 2, 2015, the Plaintiff: (a) on July 2, 2015, the Defendant’s NAV users are the Defendant.

The instant contract was cancelled on the ground that, in the case of the KIKO search in the first place, by deceiving that D would be able to keep D exposed for three years in the first place as a result of the NAV search, and concluded the instant contract. The mail sent content-certified mail containing the intent to cancel the instant contract on the grounds of the maintenance of the KIKO search result, the failure to perform management duties, delay in consultation, and insulting speech, and the mail was delivered to the Defendant around that time.

[Grounds for recognition] Nos. 1, 2, and 1.

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