(영문) 서울중앙지방법원 2020.02.12 2019나53619

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(영문) 서울중앙지방법원 2020.02.12 2019나53619

용역비

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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. Around April 2018, the Plaintiff, using the trade name “C”, entered into a Home shopping Ban contract (hereinafter “instant contract”) with the Defendant on the following terms: (a) assist the Defendant in setting up and preparing home shopping bags and broadcasting programs of travel products sold by the Defendant; and (b) in return, to receive KRW 2.50,000 per month (including value added tax).

B. After the conclusion of the instant contract, the Plaintiff supported the Defendant’s travel goods to be supplied to home shopping broadcasts. Accordingly, the Defendant carried out home shopping broadcasts on travel goods from May 2018 to September 2018.

C. Around October 2018, the Defendant’s employee stated to the Plaintiff that “The Plaintiff is reviewing the retirement of home shopping broadcasts.” On November 1, 2018, the Plaintiff confirmed the fact that the Defendant would no longer proceed with home shopping broadcasts while in the phone conversations with D, the Defendant’s representative. Accordingly, D responded to the purport that the current company situation is not good.

Around that time, the Plaintiff sent D text messages stating that “I shall close down the business at the time when the transaction is completely terminated,” and “I will not delay the settlement of bareboats that have the obligation to pay under the contract,” and the Defendant confirmed that “I will not close the bareboats where I will not know about the closure of business.”

E. Since November 2018, the Defendant did not pay the Plaintiff the service cost stipulated in the instant contract.

[Ground for Recognition: Unsatisfy, Gap evidence 2 through 9 (including branch numbers, if any); hereinafter the same shall apply)

(i) the entry in Category B(1) and the purport of the entire pleading

2. The assertion and judgment

A. (1) The parties’ assertion (1) content of the contract (Evidence A 1; hereinafter “instant contract”) prepared while entering into the instant contract with the Plaintiff’s assertion.

유사 판례

-서울중앙지방법원 2020.02.12 2019나53619

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-서울중앙지방법원 2018.10.10 2017고단7099

-서울중앙지방법원 2020.10.21 2019가합574013