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1. Revocation of the judgment of the first instance, and the plaintiff's claim is dismissed.
2. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a company that engages in advertising planning and agency business, and the Defendant Co-Defendant B Co-Defendant B (hereinafter “Defendant Company”) in the first instance trial is a company that engages in clothing wholesale and retail business, etc., the Defendant reported the name “D” to a mail order business operator on April 2, 2013, and subsequently closed on February 2, 2015.
B. On August 13, 2010, the domain name “H” (hereinafter “instant site”) was closed in the name of the Defendant Company E, the representative director of the Defendant Company, as of August 13, 2010, and the name was changed to the Defendant Company’s name on August 26, 2014.
C. From November 2012 to April 2014, the Plaintiff was acting as an advertising agent of the instant website. From May 2013 to April 2014, the Plaintiff is an advertisement of the so-called “J” of the instant website as the type of “J” advertisement, and the type of “J” type of “J” advertisement. The type of “J” is that the Internet user collects and analyzes the cream generated when the Internet user visits the website of the advertiser, and then, the advertisement of the website visited by the user even after the user leaves the said website.
J is a French online advertising company established in around 2005, which is the largest business concept, and the branch office of Korea was established in around 2008, and is called the J in the advertisement of Lichiing conducted by the above company.
The advertisement was made by proxy. D.
The price that the Plaintiff was not paid during the period of advertising agency of the instant site is KRW 46,627,256, G, 247, 2013; KRW 12,816,584 on February 12, 2014; KRW 13,642,255 on March 13, 2014; KRW 52,627,383,470 on April 12, 2014; KRW 2,627,256 on April 21, 2014; KRW 6.6 million on April 24, 2014; KRW 627,256, KRW 527,256 on credit cards (= KRW 6 million).
[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, 7, 11 through 15 (including paper numbers; hereinafter the same shall apply), Eul evidence 2, Eul's witness G testimony of the first instance court and the purport of whole pleadings
2. Defendant.