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

1. Basic facts

A. The Plaintiff is a company publishing a monthly “C” magazine, etc., and the Defendant is a company operating a tourist hotel.

B. The Defendant requested the Plaintiff to publish the advertisement in the magazine published by the Plaintiff, and the Plaintiff published each advertisement in “C 2018” and “C 2019”, and there was an error in “D” in the advertisement (attached Form) published in “C 2019,” and the size of the photograph was small and medium.

C. The Plaintiff issued each tax invoice on KRW 3,500,000 for “C 201” including value-added tax, and KRW 4,400,00 for “C 2019”.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 7 (including a tentative number), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion is obligated to pay 8,250,000 won advertising price and damages for delay to the plaintiff.

B. The Defendant’s assertion that the Plaintiff caused error in the Otata and photograph specifications among the Defendant’s advertisements posted in “C 2019”, thereby resulting in shocking on the images of the hotel operated by the Defendant.

Accordingly, the amount of damages of the defendant's business value exceeds the advertising price, and the defendant has a damage claim in lieu of the defect repair as above against the plaintiff, and there is no remainder of the advertising price if it is offset against the plaintiff's claim for payment.

3. Determination

A. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the sum of KRW 3,500,000 (C 2018) and KRW 4,400,000 (C 2019) and delay damages (c 200,000).

B. The following circumstances, i.e., Plaintiff’s magazine, which are acknowledged by comprehensively taking account of the following circumstances as to whether the Defendant’s defense of set-off occurred first of all, the evidence as seen earlier, the statement of No. 4 and the overall purport of the pleadings.