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(영문) 대구지방법원 2019.11.20 2019나3743
광고대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. From June 20, 2016 to July 12, 2017, the Plaintiff entered into an oral contract with the Defendant to publish an advertisement with a KRW 100,000 to KRW 50,00 per time on a total of 30 times in the newspaper for the management of the Plaintiff, which advertises the Defendant’s business that operates waterproof construction business, and posted the advertisement under a contract.

B. The sum of the advertising prices for each of the above advertisements posted by the Plaintiff is 8.8 million won, and the Plaintiff was paid a total of 7.1 million won from the Defendant over 25 times from June 20, 2016 to April 3, 2017.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 10, purport of whole pleadings

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 1.7 million (i.e., KRW 8.8 million - KRW 7.1 million) and to pay to the Plaintiff 15% interest per annum under the Special Act on the Promotion, etc. of Legal Proceedings from February 26, 2019 to the day of full payment, as the Plaintiff seeks.

For this reason, the defendant has requested the plaintiff to publish the advertisement and settled the price. However, since the 2017-minute advertisement, which was 2017 after the 2017-year competition, was published free of charge according to the plaintiff's subparagraphs, the plaintiff's claim is groundless, but there is no evidence to acknowledge it, and the defendant's argument is not accepted.

3. Conclusion, the plaintiff's claim should be accepted on the ground of its reasoning.

The judgment of the court of first instance is just based on the conclusion, and the defendant's appeal is dismissed as it is without merit.

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