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Reasons
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(영문) 서울중앙지방법원 2019.03.20 2018가단5101669
계약금 반환 청구의 소
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1. The Defendant’s KRW 61,545,00 for the Plaintiff and 6% per annum from December 11, 2017 to May 30, 2018.

Reasons

1. Facts of background;

A. On July 24, 2017, the Plaintiff and the Defendant concluded an online advertising contract with the content of advertising using the Defendant’s “SNS-based marketing promotion and sales system” (hereinafter “instant contract”).

B. The main contents of the instant contract are as follows.

Article 2 (Service of Defendant) The Internet-based SNS Marketing Promotion and Sales System (hereinafter referred to as “Service”) means a service provided by the Defendant through the Defendant’s initiative on marketing (including public relations) and sales based on the Internet of customers.

Article 3 (Duties and Roless) (1) Defendant's duties.

1. The duty of the Defendant and the Plaintiff to develop, maintain, and repair “services” for a certain scope as agreed upon.

1. The content of the service provided by the Defendant does not leak to a third party.

Article 6 (Expenses) The Plaintiff shall pay to the Defendant the advertising fees for “services” in the amount of US$500,000 (USD 500,000), as follows:

1.The down payment shall be 50,000 US dollars ($50,000) to the account designated by the defendant within seven business days after the date of this contract.

2. Afterwards, part payments shall be separately consulted between the defendant and the plaintiff.

Article 12 (Term of Contract)

1.The contract term of this Agreement shall be five years from the date on which the name and seal are signed and sealed, and shall be automatically extended one year under the same conditions unless there is a separate written notice one (1) month prior to the expiration of the contract.

C. On August 1, 2017, the Plaintiff paid KRW 55,950,000 converted the down payment to the Defendant in Korean won on August 1, 2017 under the instant contract. On September 1, 2017, the Plaintiff paid KRW 5,595,000 as value-added tax amount on the said amount.

On November 1, 2018, the Plaintiff stated in the instant briefs that “The Plaintiff’s declaration of intent to conclude the instant contract is by fraud, and thus is revoked.” The briefs were served on the Defendant on November 5, 2018.

[Reasons for Recognition]

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