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(영문) 수원지방법원 2015.04.10 2014나7459
손해배상(자)
Text

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

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

purport, purport, and.

Reasons

1. Basic facts

A. The plaintiff is a company running the goods brokerage business, etc., and the defendant is a person who conducts the business of manufacturing the website in the trade name B.

B. On September 21, 2012, the Plaintiff entered into a contract with the Defendant to manufacture the Plaintiff’s public relations website (www.co. kr) and the Plaintiff’s fee job offering and job seeking and trade brokerage sites related to automobile maintenance companies (www. 114.com; hereinafter “instant website”) at KRW 7,680,000 in total manufacturing cost (hereinafter “instant contract”).

C. According to the instant contract, the Plaintiff remitted total of KRW 6,240,000 to the Defendant on September 21, 2012, KRW 3,800,000, KRW 23,000 on October 23, 2012, and KRW 440,00 on December 7, 2012.

On October 23, 2012, the Defendant completed the production of the Plaintiff’s public relations website (www.Fringro Group.co.) and supplied the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 5, 6 (including paper numbers; hereinafter the same shall apply), Eul evidence 1, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The gist of the Plaintiff’s assertion was: (a) under the instant contract, the period from September 21, 2012 to September 4 to June 4, 2012, which was after the lapse of four-six weeks from September 21, 2012, which was the date of the instant contract; (b) the Defendant, from October 21, 2012 to February 4, 2012, did not complete the production of the instant website; and (c) the Defendant delayed the implementation of the instant contract, as it was impossible for the Defendant to complete the production of the instant website.

In addition, the homepage of this case produced by the defendant, unlike the original contract contents, ① advertisement of companies for publicity of automobile maintenance companies is not smoothly exposed, ② there is no category of “use guidance” describing the method of use on the website, ③ the application column for job offering and job seeking was not differentiated by each product, ④ the company's detailed contents are listed on the upper part of the screen when the company's advertisement is exposed to the company's advertisement, and the employment information settlement item should appear at the bottom of the screen.

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