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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Basic facts
A. The Defendant, who operates a health club under the trade name of the Plaintiff and “C,” which engages in the business of inserting the leaflet in a daily newspaper, agreed that the Plaintiff distribute the leaflet advertising the Defendant’s health club in a daily newspaper by cutting it in the daily newspaper, either by posting the leaflet on the first floor bulletin board, or by attaching the leaflet on each household’s entrance, and by paying the price by the Defendant.
B. The Defendant paid to the Plaintiff KRW 3,815,900 in total on four occasions from May 9, 2016 to June 2, 2017 in return for the above promotional work.
【Ground of recognition】 Evidence Nos. 1, 5, No. 1, and the purport of the whole pleadings
2. The Plaintiff asserts that the Plaintiff was performing promotional work equivalent to KRW 10,706,300 in total from April 8, 2016 to July 13, 2017, and sought payment of the outstanding amount (=10,706,300 won - KRW 3,815,900).
On the other hand, the defendant asserts that the payment of the details (which are equivalent to KRW 3,815,90) on which the actual publicity was made and the evidentiary materials exist, was completed, and that the exceeding part is not possible to respond to the plaintiff's claim because there is no objective data that the plaintiff performed the publicity work according
3. Considering the following circumstances, the Defendant’s assertion is difficult to believe, and the Plaintiff’s publicity work equivalent to KRW 6,890,400,400 was performed from January 5, 2017 to July 13, 2017, considering the evidence Nos. 3, 4, 7 (including paper numbers), and evidence Nos. 8-2, 8-1, and 8-2, and evidence Nos. 1, 1, 1, 1, 2, 2, 2, 2, 3, 3, 3, 3, and 3
The defendant requested promotional work to the plaintiff through telephone or F dialogue between the plaintiff's employee in charge (E) and the defendant's employee in charge (D), and the plaintiff sent a written estimate to the defendant and reported the situation of work.
Finally, even after the Defendant paid the price, the Plaintiff did public relations work and reported it to the Defendant.
Public relations work has been conducted several times.