보증채무금
1.The judgment of the first instance shall be modified as follows:
The defendant shall pay to the plaintiff KRW 2,00,000 and KRW 1,182,460 among them.
The Plaintiff and the Defendant concluded a newspaper site contract on August 1, 2012 (hereinafter “instant contract”) and paid the Defendant the deposit amount of KRW 2 million to the Defendant, and the termination of the said contract thereafter is without dispute between the parties. According to the above facts of recognition, the Defendant is liable to pay the Plaintiff the deposit amount of KRW 2 million and damages for delay, barring any special circumstance.
On the other hand, the defendant asserts that the contract of this case was not lawfully terminated at the plaintiff's request, but the defendant's delivery of the newspaper to the delivery site as changed at the plaintiff's request, and that the above contract of this case was not legally terminated, and that 817,540 won [1,170,000 won (585,00 won x 2 month) - 352,460 won (189,230 won 163,230 won) should be deducted from the examination price of April and May 2013.
In full view of the purport of the arguments in the testimony of the witness B of the Party B, the Plaintiff paid the Defendant KRW 145,500 per month from August 2012 to February 2013 under the contract of this case, and the amount of KRW 585,00 per month from August 2012 to February 2, 2013. The Plaintiff requested the Defendant’s employee to deliver the newspaper to D branch offices where C is operating the newspaper on March 1, 2013. The above Defendant’s employee sent the newspaper to C at the Plaintiff’s request, and requested C to pay the examination for March 2013. The defective portion that C cannot pay only KRW 30,00,000 to the Plaintiff and paid for KRW 250,000 for KRW 30,00,000 for KRW 30,000,000 for KRW 130,000,000 for KRW 130,530,000 for Seoul.