(영문) 서울중앙지방법원 2020.07.08 2019나57703

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(영문) 서울중앙지방법원 2020.07.08 2019나57703

계약해제에 따른 원상회복청구

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Fact-finding contract name: Article 2 (Scope of Business Affairs) (1) The defendant shall take charge of general affairs concerning the establishment of web-site;

② The Plaintiff shall provide sufficient data to produce.

In principle, data shall be provided in text files, and the basis of mutual support and cooperation for planning, design, programs, etc. shall be the basis.

Article 3 (Service Price) The Plaintiff shall pay 21,00,000 won (excluding value-added tax) in return for the service to the Defendant.

Article 4 (Claim, Payment and Open of Web Site) (1) The Plaintiff shall pay KRW 10,500,000 (excluding value-added tax) out of the cost of creating the web site referred to in Article 3 as the retainers at the time of the contract, and the remainder of KRW 10,50,000 (excluding value-added tax) shall be open to the last domain after the completion of the final production of the temporary server.

(2) The creation of a web site shall proceed with temporary UDR and open it to the last domain after the plaintiff pays the balance as prescribed in Article 4 (1) after the completion of the production.

Article 6 (Period and Scope of Production of Web Site) (1) From October 25, 2017 to December 22, 2017 (2) In principle, the commencement of the creation of web site shall be made after the scope of production and data are kept.

However, the plaintiff's liability for delay in the production period arises due to insufficient data to be provided or delay in the supply of data at each stage.

3. The defendant is obligated to faithfully produce web site within the period specified in this contract, and when the period of production is extended due to improper circumstances, the reason and the extension period shall be reported in writing to the plaintiff and the extension period shall be extended with the plaintiff's permission. If the defendant fails to strictly observe the production period without any special reason, he/she shall be responsible to the defendant.

Article 7 (Free Web Site A/S Details) The defendant is implemented after the completion date of the web site production to the plaintiff.

유사 판례

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-서울중앙지방법원 2015.10.07 2015가단5004422

-서울서부지방법원 2016.04.01 2015나3208