1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Facts of recognition;

A. The Plaintiff is a person operating the “C” of a new manufacturer, and the Defendant is a company conducting advertising business, etc.

B. On September 11, 2017, the original Defendant entered into a marketing agency contract with the content that the Defendant would produce the Plaintiff’s product advertising films (hereinafter “instant contract”).

On the same day, the plaintiff paid 3.85 million won to the defendant.

C. According to the instant contract, the production period of video works is at least four weeks at least one week (Article 4(4)), and the Defendant failed to complete the production of video works within the said period as a person in charge of retirement, etc.

Accordingly, on October 23, 2017, the Plaintiff demanded the Defendant to complete the production of video works by October 28, 2017, and notified the Defendant of the purport that the instant contract will be rescinded on October 30, 2017 as the Defendant was unable to complete the work by the said deadline.

Even after the notification of cancellation, the original defendant agreed on the contents and schedule of the film production, etc., and agreed on the specific schedule of the film from March 2018, and the defendant did not interfere with the foreigner model, and the film continued to be delayed.

Accordingly, the Plaintiff urged the progress of shooting several times, and requested the Defendant to refund on May 15, 2018.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-3, the purport of the whole pleadings

2. Determination

A. The Defendant failed to complete the production of video products within the production period stipulated in the instant contract, and the Defendant failed to complete the production of video products within the said period even though the Plaintiff notified the Plaintiff of performance by setting a reasonable period of time. As such, the instant contract was lawfully rescinded upon the Plaintiff’s declaration of cancellation on October 30, 2017 due to the Defendant’s nonperformance of obligation.

However, even thereafter, the original defendant continued consultation for the production of video works on the premise that the contract of this case still exists, and even if so, the specific photographing schedule was set.