beta
(영문) 서울중앙지방법원 2018.07.05 2017나54755

물품대금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The Defendant held the “C” (hereinafter “instant event”) from October 6, 2015 to October 12 of the same month as a non-profit corporation established for the purpose of enlightenment and public relations activities, etc. for national unity and homogeneity recovery.

B. On October 13, 2015, after the completion of the instant event, the Plaintiff sent to the Dogdog group leader E, the Dogdog group leader, at the place of departure from the Republic of Korea, about 40 copies of the file form. On October 23, 2015, approximately 15 copies of the instant event-related photograph to F, the Defendant’s policy chairperson, sent e-mail. On November 25, 2015, the Plaintiff produced 35 parts of the instant event-related DNA and was deferred at the Defendant’s representative G office.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2 and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion 1) As the joint preparatory chairperson of the instant event, H appointed the Plaintiff on behalf of the Defendant as an exclusive photographer for the instant event on behalf of the Defendant, and agreed to pay remuneration to the Plaintiff when requesting the Plaintiff to take photographs and produce videos (hereinafter “instant agreement”).

(2) At the Defendant’s request, the Plaintiff taken photographs and videos of approximately KRW 2,00 from October 6, 2015 to December 12, 2015, and produced and delivered photographs and videos of approximately KRW 2,00,00 to the Defendant, and the Defendant is obligated to pay to the Plaintiff the amount of KRW 20,30,000,000 for production costs of DNA and DNA production costs and KRW 30,000,000 for Already production costs, and its delay damages. (2) Even if the instant agreement is not lawfully concluded, H is the co-chairperson of the instant event and the Defendant used H to make joint preparation. Accordingly, the Defendant is subject to the provision on expression representation under Article 125 of the Civil Act.

참조조문