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(영문) 수원지방법원성남지원 2017.04.11 2015가합3347
손해배상(기)
Text

1. The Defendant’s KRW 40,160,00 for the Plaintiff and KRW 6% per annum from May 7, 2015 to April 11, 2017.

Reasons

1. Basic facts

A. The plaintiff is a private teaching institute that supports the study of computer design, IT/WEB development, computer qualification certificates, etc., and the defendant is an information technology company that mainly provides domain registration services and server hosting services.

(b) the open server hosting service of the server hosting service is a service that lends the provider’s Internet server space to the user, and the recipient company can independently use a server, unlike the web hosting service operated by several companies or sites, different from the server.

C. On January 23, 2013, the Plaintiff entered into a server hosting service contract with the Defendant, and the main contents are as follows.

From February 1, 2013 to February 1, 2015, the Defendant provided the Plaintiff with conference lines, spons, location, security, HA solution services, whites, entrusted operation, and server services, and if there is no special notification between the parties on the termination of the contract by the expiration date, the contract term shall be automatically extended on a monthly basis.

Monthly user fees of the above service shall be KRW 1,500,000.

(1) On May 7, 2015, the Defendant notified the Plaintiff that the Plaintiff would download the 31st server used as the host server because the Plaintiff’s database data processing function was not smoothly operated. (2) However, the data of the 31st server was not properly white on the 32st server, and due to the 31st server’s error, the data downloading from the 31st server to 32th server was made as of December 12, 2013, not the data from the 32th server as of May 7, 2015, and eventually, the Plaintiff’s data was lost from April 4, 2015 to May 7, 2015.

[Grounds for recognition] Unsatisfy, A No. 1.

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