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(영문) 인천지방법원 2015.04.10 2014나11369
손해배상금 등
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On February 1, 2013, the Plaintiff entered into a contract for the construction and management of a community portal (hereinafter “instant contract”) with the Defendant to pay KRW 5,500,000 (excluding value-added tax and incidental expenses) to the Defendant in return for the production of the Plaintiff’s website, and the main content is as follows.

Article 2 (Scope of Services) (1) Production of the Plaintiff’s website based on the Plaintiff’s production plan approved by the Plaintiff. (2) The name of the website shall be 60 days from the commencement date of the website, Article 3 (Period of Contract for Development) (1) The period of development of the website shall be 60 days from the commencement date of the website.

Article 4 (Contents and Method of Affairs) (1) The defendant shall observe the requirements of the plaintiff and faithfully perform and complete the service affairs.

(2) The defendant shall observe the details and schedule of production prescribed in the production plan.

(3) The plaintiff shall assist the defendant to the maximum extent possible so that he/she can perform his/her service effectively, and set the competent department

(4) Working contents: Integrated search, membership management, points management, grading management, customer registration, and design registration under Article 5 (Contract Amount) (1).

(Separate Value-Added Tax) / Separate Method of Payment for Incidental Expenses - Cash Payment (Separate Value-Added Tax: Cash Payment - Payment 2,750,000 won: intermediate payment - Payment 1,650,000 won (time of completion by 80%) at the time of conclusion of a contract - Amount paid after completion of a work : Within seven days after completion of a work: 1,100,000 won (Separate Value-Added Tax): Webting: 220,000 won (one year): 220,000 won for card application fee / Seoul Guarantee 20,000 won (individual treatment by 3,190,000 won per year) - Total payment amount at the time of a contract: 3,190,000 won (Separate Value-Added Tax)/Incidental expenses: Six months free of charge, consultation / (Additional and newly developed parts) after six months);

B. The Plaintiff is an account in the name of C as designated by the Defendant according to the instant contract.

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