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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
Reasons
1. Facts of recognition;
A. The Plaintiff is a special corporation affiliated with Busan University, which provides education, research, and medical treatment on medical science, etc., and the Defendant is a personal entrepreneur who runs a video device and a wholesale and retail business of broadcasting equipment in the trade name of “B.”
B. From September 2014, the Plaintiff prepared in order to publicize the Plaintiff from C Exhibitions to October 29, 2014, “from October 27, 2014 to October 29, 2014 (hereinafter “instant exhibition”). The Defendant, instead of the Plaintiff, provided close assistance to the Plaintiff’s display, such as concluding a public relations officer’s affiliated service contract.
C. On October 10, 2014, the Plaintiff paid KRW 2,4755,00 to the veckco Co., Ltd. at the cost of installing a promotional vecco.
After the completion of the display of this case, Becco, Ltd. returned KRW 4.75 million to the Defendant, which was paid by the Plaintiff, and the Defendant issued a receipt to the Plaintiff on November 24, 2014, which was prepared at the time of cancelling the transaction after the issuance of a tax invoice in order to verify the fact that the Muscco, an electronic tax invoice supplier of KRW 4.750,00,000, sold the goods to another entrepreneur and collected value-added tax.
E. On April 14, 2015, the Plaintiff sent a content-certified mail demanding the Defendant to pay the amount of KRW 4.75 million up to April 22, 2015. ② On June 16, 2015, the Plaintiff sent a content-certified mail, respectively, to the effect that if the Plaintiff would not pay the amount of KRW 4.75 million up to June 30, 2015, the Plaintiff would claim the interest accrued from November 24, 2014, the issue date of the instant Mas Electronic Tax Invoice to the payment date.
F. On June 17, 2015, the Defendant gave an answer to the foregoing content-certified mail to the Plaintiff. As such, the medical convergence center, unlike the promise, where the Plaintiff invested expenses equivalent to KRW 38,416,850 in the overall wartime of the instant case instead of guaranteeing the Medical Convergence Center’s business later, and the Defendant invested expenses equivalent to KRW 38,416,850.