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(영문) 수원지방법원 2013.07.25 2011가합14223
채무부존재확인
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) are dismissed.

2. For the Defendant (Counterclaim Plaintiff):

A. The plaintiff (Counterclaim defendant).

Reasons

1. Basic facts

A. The Plaintiffs are companies engaged in information and communications-related business and Internet-related service business. The Defendant is a company that performs duties such as information processing and information service business, and sales, purchase, supply, and lease of devices and equipment related to information and communications business.

B. On June 1, 2009, the Internet Data Center (IDC) concluded a contract on the Internet Data Center (IDC) agreement with the Defendant (hereinafter “Plaintiff”) (hereinafter “IDC”), and the main contents of the said contract are as follows.

- Article 3 (Effective Period of this Agreement) The effective period of this Agreement shall be from the date of conclusion to the date of completion of the contract in paragraph 1 of Article 6.

- Article 5 (Definition of Terms): (1) ① A trademark referring to the IDC established by the Defendant to provide Internet services; (2) a trademark referring to "Clocccation services": a service that the Defendant leases the Plaintiff A-Ba0 network connection, on the surface, and related ancillary and electronic equipment to the Plaintiff. (7) a service that the Defendant sells the Defendant’s service to the Plaintiff’s customer at the charge of the Plaintiff’s service - Article 6 (Contract Details) ① A contract details related to the use of the Clocation services are as follows:

(Unit: 1Gbps 22,50,000 10 225,000,000 70 65,000,000 - 10Gbps 10Gbps - Under the terms and conditions of 10Gbps 720,000 - Full Rbps 720,000 on the basis of the basic 10Gbps 720,000 on the terms and conditions of 10GGPs 720,000 720,200,000 24,000,000,000 - 24,000,000,000 on contractual usage fees, 00,000 - 10,000 Sccccccccccs 50,000 on the basis of the terms and conditions of 10Gbps -3050,040,00400

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