(영문) 서울남부지방법원 2012.10.23 2012가합16330

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(영문) 서울남부지방법원 2012.10.23 2012가합16330

손해배상(기)

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1. The Defendant shall pay to the Plaintiff KRW 24,00,000 and the interest rate of KRW 20% per annum from August 10, 2012 to the day of complete payment.

Reasons

1. Indication of claim;

A. On July 20, 201, the Plaintiff entered into a contract with the Defendant to request the establishment of an online shopping mall site (hereinafter “instant website”) for the sale of goods (hereinafter “instant contract”) by setting the service period from July 20, 201 to November 15, 201 as KRW 48,000 (excluding value-added tax), and paid KRW 24,000,000 to the Defendant on July 25, 201.

B. As the development of the instant website was rarely carried out even at the end of October 2011, the Defendant requested the Plaintiff to extend the due date by November 15, 201, when the situation was unable to complete by November 15, 201.

C. Accordingly, the Plaintiff urged the Defendant to set up the instant website within the time limit, and notified each of the following to the effect that “on November 11, 2011 and November 24, 201, the Plaintiff sought payment of KRW 69,000,000 for the cancellation of the instant contract and the refund of advance payment and compensation for damages by November 30, 201,” respectively, and arrived at the Defendant around that time.

Since the Defendant, at the end of October 201, expressed its intent that the Plaintiff could not perform its duty to build the instant website within November 15, 201, which was within the contract term of the instant contract, because it was impossible for the Plaintiff to develop the instant website, it shall be deemed that the instant contract was lawfully rescinded by the Plaintiff’s notice of cancellation on November 11, 201.

E. Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 24,00,000 in advance due to the cancellation of the contract and the damages for delay at the rate of 20% per annum from August 10, 2012 to the day of full payment, which is the day following the delivery of the copy of the claim and the cause modification of the instant case.

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).

참조조문

-민사소송법 제208조 제3항 제3호

-소송촉진 등에 관한 특례법

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