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Among the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid under the order shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff is a watcher engaged in editing and managing various videos related to the sports law. The Defendant sells sports supplies, etc. while operating an account, such as “C,” and the Plaintiff and the Defendant entered into a business contract with respect to the provision of brand and video content services on February 22, 2019, and the main contents are as follows.
The title of the business contract: The contract period of D Project: Friday on March 1, 2019 to Friday on August 31, 2019 to Friday A (hereinafter referred to as "A") and B (hereinafter referred to as "B") enter into a contract for D work as follows:
Article 1 (Purpose) The purpose of Article 1 (Purpose) “B” is to effectively implement the D Project requested to “A”.
(Scope) “A” shall, with respect to the scope of work “B”, perform the following:
bran image integration/construction/design
(b) planning/production of Pib content;
(c) Article III (Contract Period and Contract Price) of the Operation/ Marketing/Promotion of the Trab Contents, this Agreement shall be from March 1, 2019 to August 31, 2019, and the total amount of this Agreement shall be KRW 18 million per month (3 million per month) and KRW 3 million per month per month at the time of the contract shall be paid to “A”;
6 million won, which is the amount of two times the delay of payment and arrears, shall be paid.
-Article VII (Termination) "A" may terminate this Agreement on the grounds attributable to "B" if:
(c)(5)"B shall pay the total down payment of 18 million won at will upon termination of the contract in full;
-Tyey- A: B, February 22, 2019:
B. From March 3, 2019 to May 5, 2019, the Plaintiff provided relevant videos, etc. to the Defendant. The Defendant paid 9 million won to the Plaintiff for a three-month period, and unilaterally terminated the said contract due to the Defendant’s reasons on May 31, 2019.
[Grounds for Recognition] There is no dispute, Gap evidence 1 to 5, and Eul 1 to 5.