(영문) 서울고등법원 2016.12.22 2016나2031242

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(영문) 서울고등법원 2016.12.22 2016나2031242

손해배상금 등

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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Reference fact 【Evidence】 Each description of evidence Nos. 1, 3, 4, 9, Eul’s evidence Nos. 1 through 13, and 17 (including branch numbers; hereinafter the same shall apply), witness H’s testimony, and the purport of the whole pleadings

A. Party 1) The Plaintiff is a company engaged in the development, manufacture, and sale of semiconductors and semiconductor parts, etc., and is a manufacturing chain Co., Ltd. (hereinafter “D”), such as semiconductor parts and equipment managed by C, the representative of the Plaintiff.

(2) The Defendant is a company with the purpose of shopping mall manufacturing and software development and supply business.

B. The Plaintiff and the Defendant’s web site production consignment 1) The Plaintiff is a company E (hereinafter “E”) that sells the above products online to sell them online.

(2) On June 23, 2014, the Defendant’s online shopping mall website (hereinafter “instant website”) set the contract amount of KRW 60,000 (excluding value-added tax) and the development period from June 24, 2014 to November 30, 2014; and the Defendant’s online shopping mall website (hereinafter “instant website”).

A) B shall be developed into Korean, Chinese, and English servers, and the first part of which is the English servers, which shall be completed by the end of September 2014 (hereinafter referred to as “instant web site creation contract”).

Upon entering into a contract, Article 3 (Period of Development and Term of Contract)

1. The execution period of the services under this Agreement (hereinafter “development period”) is the period from the contract date to the 7-day inspection period after the completion report.

2. The contract term of this contract is the period from the date of the conclusion of this contract to the date of commencement of service, which is the domain name in which the final output is possessed by the Plaintiff.

4. However, in the event that there is a subsequent written agreement between the Plaintiff and the Defendant, in total.

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