(영문) 서울서부지방법원 2016.09.06 2014가단39551

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(영문) 서울서부지방법원 2016.09.06 2014가단39551

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 29, 2013, the Plaintiff entered into a service contract with the Defendant on the contract amount of KRW 121,000,000 (including value-added tax, 30% of the down payment, 30% of the intermediate payment, 75 days from the contract date, 40% of the remainder payment, and 40% of the remainder payment within 15 days from the contract date) with respect to the production of the Plaintiff’s Internet homepage, setting the contract period for five months from the contract date.

(hereinafter “instant service contract”). The contents of the instant contract relating to the instant case are as follows:

Article 1 (Purpose) The purpose of this Agreement is to provide for the following matters: “B” (referring to the defendant; hereinafter the same shall apply) upon the request of the service of “A” (referring to the plaintiff; hereinafter the same shall apply) in accordance with the reorganization of the English website in question, the Korean language and the educational website in question.

Article 4 (Commencement of Production) “A” shall provide “B” with the contents to be used in the production of the relevant website, and “B” shall commence the production in accordance with the approval of “A”.

The starting time of the production period shall be within two days from the date of conclusion of the contract.

Article 8 (Time Limit for Delivery) (1) The time limit for the delivery of the produced website shall be five months from the date of conclusion of the contract.

(2) Where "B" fails to comply with the payment period due to justifiable grounds, he/she shall immediately be liable to notify "A" of the payment period.

(3) Where necessary for the efficient provision of services, "A" and "B" may be extended by mutual agreement by not later than two weeks before the contract is terminated.

Article 13 (Termination of Contract of A) (1) “A” may, if deemed that “B” has failed to perform a contractual obligation corresponding to a serious breach of a contract, request “B” to correct it by specifying in writing the reason therefor.

(2) “A” shall give due answers to “B” within seven days from the date on which the correction is requested pursuant to paragraph (1) of this Article.

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