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 Defendant is a company engaging in real estate development and supply business, and Cosacom (hereinafter “Cosacom”) is a company engaging in outdoor advertising business, advertising production, and installation business, and the Plaintiff is a company subcontracted part of the following advertising services from the Nonparty company:

B. On August 28, 2015, the non-party company entered into a contract with the defendant to promote the advertisement of the "B hotel construction project" as the main agent of the defendant's Jeju "B hotel construction project" (hereinafter "the contract of this case"). The main contents of the contract of this case are as follows.

Article 2(1)(Scope of Services) 1) The drafting and implementation of advertising strategies and 2) the production of advertisements 3) the production of advertisements, 4) the selection of a medium, the time for advertising advertising for media ( newspapers, magazines, the Internet, etc.) and the production and execution of outdoor advertisements, 5) the production and execution of services (i) the production and implementation of advertising strategies and 3) the production of advertisements, and the coordination by prior consultation with the defendant at the time of occurrence of additional costs.

6) In relation to the online advertising business (the planning, production, and execution of online advertisements) and other business related to the advertisement, Article 4 (Contract Amount), the total amount of the advertising expenses that the defendant must pay to the non-party company is within the limit of one billion won (excluding value-added tax) and the specific execution is to proceed in accordance with the “plan for Promotion of Advertisement.” The down payment shall be KRW 100 million and shall be deposited into the account designated by the non-party company. Article 7 (Promotion of Advertisement) 1) The non-party company shall obtain the approval of the defendant before the execution of the business under Article 2 of this Agreement, and only the result obtained by the defendant shall be paid in accordance with Article 6 of this Agreement.

C. On September 2, 2015, Nonparty Company received KRW 100 million as down payment under the instant contract from the Defendant.

On May 10, 2016, Nonparty Company was 59,095,555 won out of service payment claims under the instant contract between the Plaintiff and the Plaintiff.