부당이득금반환
1. Of the judgment of the court of first instance, KRW 6,00,000 against the Plaintiff and its related amount from November 23, 2018 to May 31, 2019 against the Defendant.
1. Determination on the cause of the claim
A. 1) On August 13, 2018, the Plaintiff was engaged in the marriage brokerage business in the name of “C”, and the Defendant was engaged in the advertising agency business in the name of “D.” (2) On August 13, 2018, the Plaintiff entered into an advertising agency contract with the Defendant with the content that the advertising agency fee is KRW 6 million (including the production cost of advertising films), the contract period is eight months, and the time of the transmission is two weeks after the contract date, and the advertising agency contract with the Defendant that the Plaintiff sent the Plaintiff’s advertising films to a certain number of times through the Internet TV (hereinafter “instant advertising agency contract”). On August 13, 2018, the Plaintiff paid KRW 6 million to the Defendant.
3) Meanwhile, the Defendant produced advertising films around August 2018, but notified the Plaintiff of the fact that the advertising was not sent in early October 2018, when it received a supplementary demand in the process of deliberation on the Internet TV advertising, but the actual advertising was not transmitted. 4) After checking the fact that the advertising was not sent around October 2018, the Plaintiff demanded the Defendant to cancel the contract and return the advertising agency fee. On November 13, 2018, the Defendant sent a certificate of the content that the instant advertising agency contract would be cancelled and sent to the Defendant on November 16, 2018.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings
B. According to the above facts of determination, the Defendant’s failure to perform its contractual obligations until August 2018, which is the due date of the advertising agency contract of this case, and thereby, the Plaintiff’s demand for the return of the advertising agency fee on the grounds that the advertising was not sent to the Defendant on October 2018 shall be effective as the peremptory notice demanding the Defendant’s performance, and the content certification stating the Plaintiff’s declaration of intent to cancel the contract of this case reaches the Defendant on November 16, 2018, when the advertising was not sent for a considerable period of time.