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1. The Defendant shall pay to the Plaintiff KRW 111,770,000 and the interest rate of KRW 15% per annum from May 24, 2016 to the date of full payment.
Reasons
1. Basic facts
A. The Plaintiff is a company that runs the business of publishing and selling newspapers, online newspaper business, advertising, and advertising agency business, and the Defendant is a company that runs the advertising agency business and online advertising business.
B. From September 2009, the Plaintiff and the Defendant provided a certain web space on the online media website operated by the Plaintiff to the Defendant for use in the advertisement, and the Defendant developed an advertisement based on the advertising agency contract concluded with the advertiser using this space, but continued transactions by concluding a contract with the Defendant to pay the advertising price to the Plaintiff (hereinafter “instant advertising contract”). However, the Plaintiff and the Defendant continued transactions on February 2015.
C. The Plaintiff and the Defendant did not prepare a disposal document, such as the instant advertising contract, and instead agreed on the content, quantity, and usage fee of the service by oral means, such as hosting or wire, by the Plaintiff’s staff in charge and the Plaintiff’s representative.
On May 19, 2015, D, a staff member in charge of the Plaintiff’s C business headquarters, sent to B the e-mail stating “B shall not be subject to the payment of advertising fees that occurred after September 14, 2015, and shall not be deposited into low-incomes. It shall not be deposited into the Republic of Korea from February 2, 2015. The following details (as of the accounting date, the statement that there is a total of KRW 141,770,000 from September 20, 2014 to February 27, 2015) are confirmed and sent the repayment plan, and immediately after the account transfer to the Plaintiff.”
[Reasons for Recognition] Class B, Nos. 2, 4, 5, 8, and 3, and the purport of the whole pleadings
2. Determination on the cause of the claim
A. (1) The plaintiff's assertion (1) although there is no contract for the advertisement contract of this case, it is the employee in charge of the plaintiff as above.