채무부존재확인
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.
1. The Plaintiff’s ground of appeal citing the judgment of the court of first instance is not significantly different from the assertion in the court of first instance.
The first instance judgment, which did not accept the Plaintiff’s delay of payment of advertising fees and the Plaintiff’s assertion that there was no cause attributable to the Plaintiff, is justifiable after re-examination of the evidence of this case.
This court cites the judgment of the first instance pursuant to the main sentence of Article 420 of the Civil Procedure Act, and raises some of the judgment of the first instance.
2. Parts in height:
A. 1) Plaintiff’s assertion of deferment of payment of advertising fees (1) as the Plaintiff’s low-proof boarding performance of F’s assertion, the Plaintiff’s business was low, and the Plaintiff requested deferment of payment of advertising fees, which was accepted by C, and suspended payment of advertising fees. Since C requested bankruptcy and did not pay advertising fees, the Plaintiff did not delay the payment of advertising fees. 2) Although the Plaintiff was not able to request for the change of the contract to adjust the contract amount due to reasons such as failure in advertising sales (Article 26(2)) in the instant advertising agency contract, but C adjusted the contract amount and the method of payment by accepting the Plaintiff’s request again, as follows:
(Evidence Nos. 2, 3, 4, and 3 of A). However, the Plaintiff failed to pay reduction and deferred advertising fees.
(No. 4) ① The amount of monthly advertising fee of KRW 30 million was reduced by KRW 20 million from March 1, 2013 to December 31, 2013 under the first amendment agreement concluded on March 29, 2013.
(2) The term of a contract for the second amendment concluded from May 1, 2014 to October 31, 2014 is extended from five to nine years; the monthly advertising fee of 48 million won from May 1, 2014 to October 31, 2014; the monthly advertising fee of 3.6 million won from November 1, 2014 to March 31, 2015; the monthly advertising fee of 38 million won from April 1, 2015 to April 30, 2015; and the advertising fee of 3.8 million won from April 1, 2015 to April 31, 2015 to October 31, 2015; and the monthly advertising fee of 3.8 million won from May 30, 2015 to October 31, 2005; and