광고대금
1. All appeals filed by the plaintiff and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
The purport of the claim and appeal is the purport of the appeal.
The reasons for this judgment of this court shall be the same as the judgment of the first instance.
(The main sentence of Article 420 of the Civil Procedure Act): Provided, That it shall be done after being dried as follows:
1. The judgment of the court of first instance shall be executed from the third to the fifteenth day above the nineth day of the judgment of the court of first instance as follows:
[Supplementary portions] The Plaintiff asserts that the Defendant should additionally pay the amount of KRW 4,950,00 for once articles of sports club, ② 3,300,000 for once articles of sports club, ③ 1,100,000 for the 2nd time design of the franchise, ④ 220,000 for the 2nd time design of the 2nd time, or 220,000 for the 2nd time design of the e-mail, or for the Plaintiff’s e-mail with the condition that the contract of this case is maintained for 1 year.
First, I examine the argument of additional damages.
Where the parties have scheduled the amount of damages, the obligee may claim not only the scheduled amount of damages but also the amount of damages due to special circumstances, and unless otherwise stipulated, the obligee may not claim the amount of damages exceeding the estimated amount of damages.
In the case of this case, in the case of cancellation due to health care units and the defendant's unique circumstances, the fact that the contract is made to pay the plaintiff the expenses for three months from the cancellation date as above.
The agreement of penalty for breach of contract is estimated as liquidated damages (Article 398(4) of the Civil Act), and if the amount of damages is estimated as such, it cannot be claimed exceeding the estimated amount of damages unless otherwise stipulated.
The part of the Plaintiff’s claim for an additional amount constitutes an amount of compensation exceeding the estimated amount of compensation and thus cannot be accepted.
Next, there is no evidence to acknowledge the assertion that the Plaintiff’s money was paid on the condition that the instant publicity agency contract is maintained for one year.
Therefore, the plaintiff's claim for this part cannot be accepted.
2. 3rd below the judgment of the first instance.