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1. The Defendant’s KRW 48,812,300 among the Plaintiff and KRW 47,888,300 among the Plaintiff, shall be KRW 924,00 from June 27, 2014, and KRW 924,00.
Reasons
1. Basic facts
A. The Plaintiff is a company that operates the computer system design and operation business, and the Defendant is a company that runs the educational content business through the Internet.
B. On April 23, 2012, the Plaintiff entered into a school affairs management system and operation services contract with the Defendant, which was implementing a remote-based credit bank project, under the name of “B” (hereinafter “Lms contract”), and agreed to provide services for the establishment and operation of the school affairs management system of the remote-based credit bank system (hereinafter “Lms contract”).
1) The contract price for the construction service is KRW 40 million (excluding surtax) and the contract period is from April 24, 2012 to May 15, 2012. The contract price for the operation service is KRW 2 million monthly (excluding surtax) for 24 months after construction, and the contract period is from May 15, 2012 to May 14, 2014. (2) The Defendant may terminate this contract where the Plaintiff failed to perform its contractual obligations within the said period even though the Plaintiff notified the Defendant to perform its contractual obligations within the said period of 15 days without good cause even though the Plaintiff failed to perform its contractual obligations within the said period; (2) the Plaintiff may terminate this contract where the Plaintiff delayed recovery from disability or fails to resolve any problem arising from any other cause attributable to the Plaintiff, thereby causing damage to the Defendant.
(Article 14 (1) 3 of the General Conditions of the Contract) The defendant appears to be a clerical error in the above Article 14 (Article 17 of the Contract)
(C) Notwithstanding paragraph (1) of this Article, in the event that a contract is to be terminated before the expiration of the contract, the Plaintiff shall pay to the Plaintiff a penalty equivalent to 50% of the total operating service cost for the remainder of the contract within 10 days (Article 15(1)). (c) Around May 15, 2012, the Plaintiff entered into a contract with the Defendant for the IDC (hereinafter “IDC contract”) and agreed as follows.
Monthly user fees of KRW 3,53,00 (including value-added tax) shall not exceed one year and one year for early termination.