beta
(영문) 대구지방법원 2018.07.18 2017나318120

광고대금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except for the addition of the following '2. Additional Judgment' as to the argument that the defendant emphasizes or adds to the court of first instance, and thus, it is citing it as it is in accordance with the main sentence of Article 420

2. Additional determination

A. Defendant’s assertion 1) The Defendant concluded the instant contract with the Plaintiff through Plaintiff’s agent G. The Plaintiff’s agent G promised to deliver the design data of the instant advertising agency and the original film file to the Defendant, but the Plaintiff failed to comply with it. Thus, the Defendant cannot comply with the Plaintiff’s request (hereinafter “instant”).

(2) On March 2014, the Defendant concluded a contract with the Plaintiff for the manufacture of Kabrogs, and set the price at KRW 9,507,80. The Defendant paid KRW 4,253,100 to the Plaintiff from April 2014 to December 2014, the Plaintiff, on May 27, 2015, issued a tax invoice claiming KRW 9,544,70 to the Defendant in relation to the production of Kabrogs. On May 29, 2015 and June 3, 2015, the Defendant paid KRW 9,545,700 to the Plaintiff.

However, according to the instant contract entered into between the Plaintiff and the Defendant, the instant advertising agency price includes the balance of KRW 5,254,700 (including VAT) that took place in March 2014.

Therefore, the remainder of the production of Defendant Kaba, which was paid from the advertising agency price of this case, and the part of the amount of 4,253,100 won which the Plaintiff received in duplicate from the Defendant in relation to the production of Kababag shall be deducted.

(hereinafter referred to as “B Chapter”). (b)

Judgment

1. In full view of the testimony of the witness G at the trial of the first instance trial as to the claim, G was involved in the instant contract concluded between the Plaintiff and the Defendant as a business officer of the Plaintiff.