(영문) 서울중앙지방법원 2018.10.19 2016나45006

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(영문) 서울중앙지방법원 2018.10.19 2016나45006

부당이득반환 청구의 소

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On April 30, 2012, the Plaintiff, a corporation that runs the business of entering into and proceeding with the instant contract, including the creation, maintenance, and repair of a website, is the Plaintiff (hereinafter “C”) and the Defendant (hereinafter “C”).

(C), D, E, F, and four websites (C, D, and E are users’ sites used by customers, and F are managers’ sites managing the said three websites.

(1) The program development service contract (hereinafter referred to as the “instant contract”) under which the program development service contract is to be developed and made at the same time.

(2) The development of the above program was concluded: ① the stage of planning and designing the content and composition of the screen UI (PTPP) and making the PP file by planning and designing the content and composition of the program; ② the stage of designing and organizing screen UI (BP); ③ the stage of making the web design and file of the PSS image (BP); ③ the stage of converting the PSS image file into the HTS file (HTSP) so that it can be seen from the Internet webbrider; ④ the stage of converting the HTS file into the JSP program and the functional function-based program developed by changing it into a JSP file that enables recognition of the web program; and the program is mutually linked to the program so that the screen can be realized in accordance with the function of the screen on the Internet; ② the program is provided to the Defendant through the program file; ④ the program file created by the Plaintiff; and ④ the program file created by the Plaintiff through the program site; and ④ the program work of the Plaintiff; and ③ the program work of the Plaintiff.

3) The term of the original contract under the instant contract was from May 1, 2012 to August 31, 2012 (around September 2012, as agreed between the parties, extended to September 2012.

(3) The Plaintiff’s first planning design (hereinafter “first planning design”) provided to the Defendant.

By October 18, 2012, the details of the plan were modified or added several times (the subsequent plan plan was modified or modified).

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