1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

1. Basic facts

A. The Plaintiff is a person who operates a broadcast advertising agency and a production business, and the Defendant is a person who operates a restaurant in the name of “D” in the old and American City C.

B. On September 1, 2014, the Plaintiff and the Defendant concluded a commercial broadcast agreement on the said restaurant (hereinafter “instant contract”).

C. According to the instant contract, the Plaintiff sent an advertisement to E for the said restaurant from September 18, 2014 to December 23, 2014; from December 26, 2014 to March 19, 2015; and the Defendant paid to the Plaintiff KRW 50,00 won on September 1, 2014; KRW 33 million on September 16, 2014; KRW 300,000 on December 26, 2014; and KRW 200,000 on May 6, 2015; and KRW 1 million on August 3, 2015, respectively.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, 4, and 5 evidence, the purport of the whole pleadings

2. The plaintiff's assertion that the defendant paid to the plaintiff 9.85 million won out of the advertising production and transmission costs of 10.45 million won as stipulated in the contract of this case, and did not pay the remaining KRW 600,000 to the plaintiff.

Since the Defendant’s failure to observe the deadline for the payment of advertising payment under the instant contract, the Plaintiff suspended advertising payment from December 24, 2014 to December 25, 2014, and thus, the Defendant is obliged to pay 3.85 million won for the production of basic advertising pursuant to Article 1(3) of the instant contract to the Plaintiff.

Therefore, the defendant is obligated to pay to the plaintiff 4,50,000 won (=6,000 won KRW 3.85 million) and damages for delay.

3. Determination

A. The fact that the Defendant did not pay the Plaintiff KRW 600,000,000,000, out of the advertising production costs and transmission costs stipulated in the instant contract, does not conflict between the parties to the determination on the claim for the unpaid advertising transmission costs.

Therefore, the Defendant is obligated to pay damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from March 1, 2016 to the day of complete payment, which is the day following the delivery of the original copy of the instant payment order, which the Plaintiff seeks against the Plaintiff.

(b).