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(영문) 서울고등법원 2016.08.19 2015나2063877
원상회복등
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

1. Scope of adjudication of this court;

A. The Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) claimed damages and restitution from the first instance court due to the cancellation of the contract upon the instant principal claim, and the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) asserted that the Plaintiff’s termination of contract is unlawful, and on the premise that the contract between the Plaintiff and the Defendant is valid, sought payment of the balance and the cost of maintenance and repair which was not paid out of the contract amount due to the performance of the contract.

B. The first instance judgment dismissed the part of the Plaintiff’s claim for damages and accepted only the part of the claim for restitution, and dismissed all the Defendant’s counterclaims.

With regard to this, only the defendant appealed and sought to dismiss the plaintiff's claim of restitution among the plaintiff's claim of restitution which was cited in the judgment of the court of first instance, and to accept the defendant's claim of counterclaim dismissed in the judgment of

C. Therefore, the part concerning the claim for damages among the plaintiff's main claim that the plaintiff and the defendant did not appeal is determined separately, and the scope of the judgment at the court is limited to the plaintiff's main claim that seeks restitution due to the cancellation of contract, the contract price due to the execution of the contract, and the part concerning

2. Basic facts

A. On February 1, 2013, the Plaintiff and the Defendant entered into an online shopping mall development contract between ERP and ERP. On February 1, 2013, the term “the Plaintiff’s online shopping mall construction” refers to the Plaintiff’s integrated computer system with respect to the online shopping mall development of the children’s clothes multi-use shop operated by the Plaintiff. The term “the instant contract” (hereinafter referred to as “instant contract”) refers to the Plaintiff’s integrated computer system as the drug of the ERP ENP EN draft. Under the instant contract, the online shopping mall to be established by the Defendant is “the instant shopping mall.”

Article 1 (Subject-Matter of this Agreement) The subject-matter of a contract requires the Plaintiff.

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