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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On April 20, 2016, the Plaintiff produced the Plaintiff’s travel-related website (hereinafter “instant website”) between the Defendant and the Defendant, and entered into a contract between April 20, 2016 to May 25, 2016 on the production period.
(hereinafter “instant contract”). (b)
Under the instant contract, the Plaintiff deposited KRW 1.75 million to the Defendant on April 20, 2016, and KRW 1.755 million to the part payment on June 27, 2016, respectively. However, the Defendant failed to produce a website within the production period stipulated in the instant contract.
C. Since August 15, 2016, the Plaintiff extended the production period to August 19, 2016 at the Defendant’s request, and the Defendant sent the result of performing its duties to the Plaintiff on September 28, 2016, but did not properly reflect the Plaintiff’s request.
Accordingly, the Plaintiff filed the instant lawsuit seeking the cancellation of the instant contract due to the Defendant’s nonperformance of obligation and the return of the cost of production.
[Grounds for recognition] The descriptions of Gap evidence Nos. 3 through 9, 11, 12, and 19, and the purport of the whole pleadings
2. Determination
A. According to the above facts, the defendant failed to produce and deliver the web site of this case within the production period extended after the contract of this case or after the extension thereof, and accordingly the plaintiff expressed his intention of termination through the complaint of this case, so the contract of this case was lawfully terminated due to the reasons attributable to the defendant.
In the process of producing the web site of this case, the defendant has discontinued several times due to the plaintiff's circumstances, and continued to revise the web site in an unreasonable demand or service level of the plaintiff.
However, the evidence presented by the defendant alone is insufficient to acknowledge the above assertion, and there is no other evidence to acknowledge it, and the above assertion is without merit.
B. Therefore, the defendant shall terminate the contract.