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(영문) 서울중앙지방법원 2016.09.28 2015나10294
광고대금 등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasons for the court's explanation of this case in this case are as follows, and 3. The new argument in the court of first instance is stated as follows.

A. (4) In addition to adding the following judgments, it is consistent with the reasoning of the judgment of the first instance court in accordance with the main sentence of Article 420 of the Civil Procedure Act, and thus, it is cited by the main sentence of Article 420 of the Civil Procedure Act.

【The part of the judgment of the court of first instance】 (1) Under the 6th sentence, the defendant in the 3rd sentence “the plaintiff was unable to do so,” and the 2nd sentence “the plaintiff was unable to do so,” respectively, and the entries and images of Gap’s evidence Nos. 4, 12 through 15, and 17 through 21 are insufficient to reverse the above recognition.”

② Part 13 to 15 of the judgment of the court of first instance stating that “Nos. 4-3 of the evidence Nos. 4-3 alone nor evidence exists” is insufficient to acknowledge that the Plaintiff created a design free of charge on the condition that the contract of this case was maintained in one year, or that the cost thereof is equivalent to KRW 3,300,000,” and there is no other evidence to prove otherwise.

(3) On the 10th 10th 10th 10th 10th 10th 10th 10th 10th 10th 10th 10th 10th 10, “the same day for the plaintiff” to “the defendant is the same day for the defendant,” “H” to “F,” and “The 11th 5th 1

【Judgment on the New Claim】 (4) The defendant also raises a defense that the above advertising fees and damages for delay were paid.

Comprehensively taking account of the purport of the entire arguments in the statement No. 4-2 and 3 of the evidence No. 4-3, the Defendant paid KRW 8,740,791 equivalent to the amount quoted in the judgment above to the Plaintiff on February 12, 2015, which was after the judgment of the first instance court was rendered, = unpaid advertising fees = 8,167,50 won from February 7, 2014 to January 19, 2015, damages for delay calculated at the rate of 6% per annum 465,883 won from January 2015 to January 19, 2015.

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