1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Determination on the cause of the claim

A. The facts of recognition are as follows: (a) the Plaintiff produced and supported promotional materials for the Defendant who run for simultaneous local elections C, which were opened on June 13, 2018; (b) the amount reaches KRW 24,568,500,000 among them on May 4, 2018; (c) the Defendant paid KRW 9,00,000 among them, but the Defendant paid the remainder of KRW 9,00,000 among them on May 4, 2018; (d) the Plaintiff paid the remainder of KRW 3,00,000 on August 16, 2018 without the Plaintiff’s demand; or (e) the payment of KRW 3,00,000 in addition to the Plaintiff’s additional statement on the evidence A1 or 5

B. According to the above facts of recognition, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the balance of KRW 12,568,500, such as the cost of manufacturing promotional materials (hereinafter “the remainder of this case”) and the damages for delay.

2. The Defendant asserts that the remaining amount of the instant case was paid by the Defendant on the condition that the remaining amount would be compensated for the election expenses, but the Defendant did not have any obligation to pay the election expenses.

According to the statement 1-1 and 2 of the evidence Nos. 1-2, 50% of the production cost of promotional materials between the defendant and the defendant is recognized as the fact that the plaintiff was paid on May 4, 2018 and the others agreed to be paid after the procedures for compensating for election expenses by the defendant.

However, it is reasonable to interpret that the Plaintiff, who does not have any special relationship with the Defendant in addition to the contractual relationship, did not have any reason to waive his claim for the remaining amount equivalent to 50% of the total amount of promotional materials production cost, on the ground that the Defendant did not receive any preservation for election expenses. Therefore, it is reasonable to interpret that the Plaintiff deferred the payment of the remaining amount under the above agreement until the determination of whether to compensate for the election expenses is made. In fact, the Defendant reported the production cost of promotional materials corresponding to some of the remaining amounts of the election expenses to the election commission.