(영문) 서울서부지방법원 2018.06.21 2017가합32329

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(영문) 서울서부지방법원 2018.06.21 2017가합32329

미수금지급, 서비스계약이행재개 등

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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. The Defendant is a company that provides advertising products that the Defendant organized under the commission of an advertiser and provides advertising products to be carried out in mobile display (hereinafter “instant services”), and the Plaintiff is an individual business that develops and supplies software in the name of B.

B. The Defendant, while operating the “htp pop container”, which is an advertising network and service platform (related website: htps:/www.g. networks.com), recruited operators of a separate advertising medium (referring to a mobile system mainly) to supply the advertising product provided by the Defendant through the pop-up container to consumers, and entered into a service contract with them.

C. In concluding and operating a number of advertising media operators and the above service supply contracts, the Defendant refers to the Defendant as “company” and created and used an advertising media operator as “member company”. The main contents of the terms and conditions applied from June 1, 2015 to the Defendant (hereinafter “instant terms and conditions”) are as follows.

Article 3 / [Scope of Business]

1.The term “member company” shall ensure that “advertising media” in operation is linked to “pop-up container services” and “company” can be exposed and controlled by “company”.

2. The term “company” shall register the “pop-up shop” service with an advertiser who performs relevant duties, such as planning, production, and operation under a contract with the advertiser, and shall ensure that it is provided to users within the “advertising medium” of the “member company” service in a stable manner.

Article 6 【Formation of Contract】

1.A member shall be deemed to have agreed to this Agreement if the “member” read the terms and conditions, and in the event that the “member” reads the terms and conditions and reads the “Agreement” or reads the “Confirmation”, etc.

Article 11 [Duties of “Member”]

4. The term "member company" shall be as follows with respect to the use of "pop-up containers" services:

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