손해배상 및 부당이득금 반환
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.
1. Basic facts
A. On September 25, 2012, the Plaintiff and the Defendant engaged in publishing business under the trade name “D” were supplied with KRW 3,000 in the monthly amount of KRW 45,00,00 (unfair KRW 1,500) issued by the Defendant (hereinafter “C”) for the monthly amount of KRW 3,000 issued by the Defendant. However, the Plaintiff entered into a contract under which the Plaintiff would pay the said amount by September 28, 2012 (hereinafter “instant contract”).
B. On September 28, 2012, the Defendant: (a) completed the printing of 3,000 copies for the instant monthly period; (b) sought to immediately send them to the Plaintiff; (c) however, the Plaintiff requested that the Plaintiff keep the instant monthly period for the presidential candidate’s registration on the ground of the local schedule, etc.; and (d) thereafter, the Defendant did not receive any contact from the Plaintiff for the termination of the drilling (from September 29, 2012 to October 1, 2012); and (c) on October 4, 2012, sent 3,00 copies for the instant monthly period to the Plaintiff.
C. After that, the Defendant filed a lawsuit against the Plaintiff for the payment of KRW 45,00,000 for the monthly supply price of the instant land as the court’s 2013da19814. On July 26, 2013, the said court rendered a favorable judgment against the Defendant that “the Plaintiff shall pay to the Defendant the amount of KRW 45,00,000 and the interest rate of KRW 20% per annum from December 1, 2012 to the date of full payment,” and thereafter, the said judgment became final and conclusive on May 23, 2014 as the Plaintiff’s appeal was dismissed and dismissed.
[Reasons for Recognition] Facts without dispute, entry of Eul 1, 2, 4 through 5, 10 evidence, and the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion that the contract of this case was concluded at the time of the contract of this case by deceiving the plaintiff as to the issue history and its promotional effects, such as the number of copies, etc. of the monthly publication of this case, and the delivery deadline was agreed to deliver the monthly publication of this case by no later than the latest delay in consideration of the presidential election schedule, promotional effects, etc., and the monthly publication of this case was distributed to the newspaper bulletin board and the central daily newspaper and broadcast media.