1. Revocation of a judgment of the first instance;

2. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

3.A petition filed by this court.

Basic Facts

On August 13, 2016, the Defendant agreed to entrust the Plaintiff with the production of C’s magazines operated by the Defendant, and pay 1.2 million won per month as the production agency fee to the Plaintiff on the 15th day of each month.

(hereinafter “instant contract”). Around August 25, 2016, the Plaintiff provided the Defendant with articles, etc. produced by himself/herself.

The Defendant determined that the content of the data received from the Plaintiff is inadequate and that it is not possible to publish it in a magazine due to lack of proper form, and published the magazine in September 2016 after being provided with articles, materials, etc. in other places.

On August 27, 2016, the Defendant notified the Plaintiff of the termination of the instant contract on the ground of business negligence, production defect, etc.

[Ground of recognition] The Plaintiff seeking payment of KRW 1,20,00 as an agency fee under the instant contract, based on the absence of dispute, Gap evidence, and the purport of the entire pleadings.

The instant contract is a contract that the Plaintiff shall act on behalf of the Plaintiff for the production of magazines every month and the Defendant shall pay agency fees.

The plaintiff, who is a contractor, can in principle claim remuneration for completion of the work, and the burden of proof for completion of the work is the plaintiff.

(see, e.g., Supreme Court Decisions 95Da7932, Jul. 30, 1996; 94Da26684, 94Da26691, Nov. 22, 1994). There is no evidence suggesting that the Plaintiff’s production provided to the Defendant for publication of the magazines in September 2016 has satisfied the generally accepted level of completion.

Therefore, the claim for the production agency fee under the premise that the production agency has completed the production agency work under the contract of this case is without merit.

The judgment on the legitimacy of the counterclaim is as follows: ① The plaintiff's damages amounting to five million won for damages due to the employment of a new editing book in violation of the contract of this case, ② The plaintiff's compensation amounting to three million won for insult of the defendant and the defendant company; ③ the plaintiff's compensation amounting to three million won for insult of the defendant and the defendant company.