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(영문) 제주지방법원 2020.12.18 2019가단68567
용역대금반환
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The following facts do not conflict between the Parties:

The plaintiff decided to hold a C EXPO over 11 times in Jeju-do, and requested the defendant to conduct an advertisement agency (market) and event, etc., and held the EXPO over 10 times as follows.

In relation to this, the Plaintiff paid 110,665,000 won to the Defendant.

Payment of advertising expenses, etc. on the date of holding from October 201 to 21. 8, 200,000 won from October 10 to 11. 7, 200, 200 won from March 10, 2018, 300 won from April 28, 2018 to 29. 9,000,00 won from 02 to 37,90,000,000 won on June 21, 2018 (from 03,00,000 to 00,6,000,000 won on June 21, 2018 to 10,00,00 won on October 16, 207 to 10, 2000 to 10,000 won on August 19, 2018 to 10, 2009 to 18,000 won.

2. Judgment on the ground of the Plaintiff’s claim

A. The main point of the argument is that the Defendant received KRW 110,665,00 from the Plaintiff to pay the Plaintiff a total of KRW 110,66,00,00, and the amount that the Plaintiff may recognize as having been paid in connection with the holding of the Plaintiff’s EXPO is merely KRW 86,875,625, which is merely a mere KRW 28,789,375 (==110,65,000 - KRW 86,875,625) paid irrespective of the EXPO.

B. According to the purport of each of the statements and arguments in evidence Nos. 2-1, 2-2, 3, 4, 2, 2, 4, 5, 6, 7, 8, and 9 as to the holding of the Plaintiff’s C EXPO by the Plaintiff and the Defendant, the Defendant’s contract entered into between the Plaintiff and the Defendant with respect to the holding of the Plaintiff’s C EXPO is to advertise the fact of holding the EXPO and to collect data necessary to do so. In addition, the Defendant’s contract entered into between the Plaintiff and the Plaintiff may recognize the fact that the Plaintiff agrees to pay the Plaintiff’s remuneration to the Plaintiff, including labor cost, purchase cost, advertisement cost, etc.

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