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(영문) 인천지방법원 2019.11.07 2019나58813
매매대금반환
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The plaintiff is a person engaged in accounting and tax affairs under the trade name of "C", and the defendant is an Internet search advertising agency.

B. On November 24, 2017, the Plaintiff entered into an advertising agency contract with the Defendant (hereinafter “instant advertising contract”) with the content that the Defendant registers the Plaintiff’s trade name in D (Internet portal Site) search linked pages from November 24, 2017 to November 23, 2020, and the Plaintiff pays KRW 1,980,000 to the Defendant in return for the Plaintiff’s creation of the Plaintiff’s website (hereinafter “instant advertising contract”) and paid the said contract amount by credit card on the same day.

C. If a user of D’s employee E searches a “foreign investment-specialized tax accounting” in the search box, the Plaintiff requested the Plaintiff to register the “foreign investment-specialized accounting” with a trade name connected to the Plaintiff’s website. However, the Defendant registered the “foreign investment-specialized accounting” as a search fishing related to the Plaintiff’s trade name.

On November 28, 2017, the Plaintiff declared to the Defendant that the instant advertising contract will be terminated by means of telephone and text message.

Article 21 [Special Agreement] In addition to the general matters of a contract, the following matters shall be determined by the special agreement, and if there is any conflict between the general matters and the special agreement, the special agreement shall prevail over

1.2. Until 15 days from the date of the contract, refund all the amount of monthly advertising executions, excluding the date of the request for the termination of the contract by “A” (service applicants).

E. Article 21 of the Terms and Conditions of Use of the instant advertising contract provides for the following:

[Ground of recognition] Facts without dispute, Gap 1-8 evidence, Gap 11 evidence, the purport of the whole pleadings

2. The Plaintiff’s assertion: To seek the return of the contract amount to the Defendant for the following reasons, due to the cancellation, termination, or cancellation of the advertising contract of this case.

The Plaintiff terminated the contract within 15 days from the date of the contract, as stipulated in the special agreement clause of the instant advertising contract.

B. The defendant's demand and the plaintiff's request.

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