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(영문) 대전지방법원 2018.08.29 2017나110623

물품대금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

The reasoning for this part is that the court's reasoning is as follows, except for the fact that "(tentative) association between D Regional Housing Association and D Regional Housing Association" (tentatively referred to as "D Regional Housing Association and D Regional Housing Association" (tentatively referred to as "D Regional Housing Association and D Regional Housing Association's Promotion Council and above Promotion Council's Promotion Council)" in Article 420 of the Civil Procedure Act. Thus, this part of the judgment

The Plaintiff’s assertion concluded a service contract with the Defendant for advertising production, etc., and made and supplied the Defendant a total of KRW 114,471,50 on the Internet homepage, a union agreement, a banner, a banner, a leaflet, a promotional material, an outdoor advertisement, etc. from July 2016 to September 2016.

Of the above KRW 114,471,500, the Defendant calculated by deducting KRW 20,000,000 which was already paid and KRW 471,50 which waived his claim, and the remainder of KRW 94,00,000 which was paid by the Plaintiff, and damages for delay from September 7, 2016, which was the day after the Plaintiff issued the tax invoice to the Defendant.

The defendant did not enter into a service contract with the plaintiff or receive a website, advertisement, etc. from the plaintiff.

The Plaintiff concluded a service contract with F or L&C, which entered into a contract with the Defendant for the recruitment of its members, and appears to have supplied F or L&C advertising materials, etc. according to the contract.

Around December 1, 2016, the Defendant settled the sales agency fee of F and L&C for the instant recruitment agency contract with G to KRW 30,813,057. Around that time, the Defendant paid the said money to G. Since F or L&C directly pays KRW 45,170,000 to the Plaintiff, the Defendant is merely obligated to pay the Plaintiff within the extent of KRW 45,170,000 according to the above settlement, upon completion of the supply.

Judgment

Nos. 3, 5, 6, 7-1, 2, 3, 8-1 through 8, 12-1 through 7, 13, 14, 15, 18-1 through 7, 19, 19, 20, 2, 5, 2.