광고대금
1.The judgment of the first instance shall be modified as follows:
The defendant shall pay to the plaintiff KRW 990,000 as well as to the plaintiff on June 2, 2015.
1. On February 2012, the Plaintiff, who published the monthly machine T&D automation (hereinafter “instant magazine”), entered into an advertising contract with the Defendant, a parts business entity, verbally (hereinafter “instant advertising contract”). Under the instant advertising contract, the Plaintiff issued a tax invoice of KRW 2.5 million to the Defendant on March 1, 2012, and published the Defendant’s advertisement (hereinafter “Defendant Company advertisement”) on March 22, 2012, on March 24, 2012, and May 19, respectively, on March 22, 2012, and thereafter, published the Defendant’s advertisement (hereinafter “Defendant Company advertisement”). There is no dispute between the parties to whom the instant advertising contract has been terminated, or may be acknowledged by taking into account the entire purport of oral argument as a whole, written evidence No. 1.
2. The assertion and judgment
A. The Plaintiff’s head of the State asserts that the single advertising fee of the location of the Defendant Company’s advertisement in the instant magazine is KRW 900,000 (excluding value added tax; hereinafter the same shall apply), and that the supply price of KRW 2.5 million as indicated in the tax invoice (Evidence A) is the total advertising fee of 3% for the Defendant Company’s advertisement in accordance with the instant advertising contract (in practice, it shall be KRW 2.7 million), and that the amount stated in the purport of the claim against the Defendant is sought against the Defendant.
In regard to this, the Defendant entered into an advertising contract between September and August 12, 2011 (a total of 3.6 million won) with the Plaintiff from September 2011 to August 2012, and cancelled this, and again, upon entering into the instant advertising contract, issued a tax invoice (a evidence No. 1) for one year regarding the advertising fee for a total of 2.5 million won at a discount of 1.1 million won from March 2012 to February 12, 2013, by concluding an agreement of 2.5 million won from February 2013. Therefore, the Plaintiff’s assertion is unjust.
B. (1) The Plaintiff’s assertion is insufficient in examining the following: (a) the first time advertising fee for Defendant Company’s advertising can be recognized in the amount of KRW 900,000,000; and (b) all evidence presented by the Plaintiff.