1. Of the judgment of the first instance, the part against the Defendants is revoked, and all of the Plaintiff’s claims against the Defendants are dismissed.

1. Basic facts

A. The Plaintiff is a company engaged in advertising production and advertising agency service, and the Defendant A (hereinafter referred to as “A”) is a company engaged in advertising agency service, and the Defendant B is the representative director of the Defendant A, and the co-defendant C of the first instance court used the office of representative director of the Defendant A as the type of the Defendant B, and actually operated the Defendant A.

B. On April 2, 2015, the Plaintiff entered into a contract with Defendant A to commission the designated display stand in the vicinity of the E-sale performed by Daewoo Construction Co., Ltd. (hereinafter “Treatment Construction”) and an advertising agency with the content that it is intended to commission the business of advertising placards as an advertising agency (hereinafter “instant contract”), and the supply price of the advertising material for the instant banner was set at 25,000 won per sheet.

C. After that, upon Defendant A’s request, the Plaintiff adjusted the supply price of the advertising materials for the banner displayed around August 2015 to KRW 31,000 per heading, and up to December 11, 2015, the Plaintiff paid the Defendant A totaling KRW 312,540,00 (excluding value-added tax) for designated display stands and banner production services, and for display expenses for the banner banner. Of these, the Plaintiff paid KRW 230,380,000 (excluding value-added tax).

On March 14, 2016, the Plaintiff imposed a fine for negligence on a banner posted by Defendant A at each relevant Gu office, and paid KRW 123,172,000,00 in total, to the Songpa-gu Office on May 27, 2016, as a fine for negligence on the banner, the Plaintiff paid KRW 14,084,00,00 in 105,824,00,00 in 3,264,00 in the Gangnam-gu Office on June 29, 2016.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 4, 6 through 9, and 13, the purport of the whole pleadings and arguments

2. Judgment on the claim for damages caused by a tort

A. The Defendants asserted that the Plaintiff is liable to pay fines for negligence with respect to the advertising of placards, even if the fine for negligence was imposed, as much as possible, to reduce the fine for negligence, and as such, to pay the fine for negligence in good faith.