(영문) 서울서부지방법원 2018.07.18 2017가합40733

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(영문) 서울서부지방법원 2018.07.18 2017가합40733

사용료

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1. The Defendant’s KRW 1,221,613,861 among the Plaintiff and KRW 107,832,637 among the Plaintiff, shall be from December 1, 2017, and KRW 1,087,063.

Reasons

Facts of recognition

The plaintiff is a company established for the purpose of telecommunications business, the lease of equipment related to electricity and information and communications business, etc.

On July 26, 2017, the Plaintiff and the Defendant agreed to enter into a contract for the use of the infrastructure service for the weak (hereinafter referred to as “instant service contract”) of the IDR (hereinafter referred to as “instant service contract”) and the term of the contract shall be two years from the unification of the service, and the contract shall be 115,80,000 won (i.e., the IT facility user fee of KRW 115,00,000,000, and the Defendant shall pay the service user fee of KRW 800,000) as the service user fee (i.e., the IT facility user fee of KRW 115,00,000).

The main contents of the instant service contract are as follows.

Article 8 (Settlement of Service Fees) (2) of the Service Agreement of this case is calculated from the date on which the defendant's opening of the service is completed, and the basic fee less than the monthly unit shall be calculated by the method of "(monthly basic fee/the number of days in corresponding month) x the number of days actually

3. At the request of the plaintiff from the month immediately following the starting date of providing the service, the defendant shall pay the total monthly user fee (115,800,000,000, and additional tax) for the use of the service in the following month.

Article 10 (Termination of Contract) (1) The Parties may terminate this Agreement without delay, if the other party fails to perform any of its obligations under this Agreement (including the provisions of the terms and conditions not prescribed in this Agreement) or violates them, require that other party to correct it in writing for a specified period of not less than 14 days, and the other party may terminate this Agreement without delay, if the other party does not give reply to the reasonable solution for correction within that period, or if no appropriate corrective measure is taken.

(2) Notwithstanding the provisions of paragraph (1), one of the following causes shall occur to the other party:

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