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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. The judgment of the court of first instance is subject to Paragraph (1).
Reasons
1. Basic facts
A. The Plaintiff, a company’s purpose of publishing, selling, etc. newspapers, produced and sold D, E, and F newspapers to C and spons, and Company G (hereinafter “G”) and H Co., Ltd. (hereinafter “H”) entrusted the Plaintiff with the publication, transportation, and sale of newspapers to each newspaper site and claimed F and E newspapers to the Plaintiff.
B. Meanwhile, the I Co., Ltd. changed its trade name on June 8, 2001 to J (hereinafter “J”) and acquired D’s goodwill from the Plaintiff, but the Plaintiff was in charge of distribution of D’s newspaper and claim for newspaper price by March 2004.
After that, the Plaintiff published and transported only C, F, and E newspapers except D from April 2004, and distributed them to each newspaper site, and terminated the contract for the production and delivery of newspapers with H around November 201, 2013.
C. From around 1998, the Defendant was engaged in newspaper distribution business, and from around 2000 to be supplied with the examination by the J on September 1, 2001, there is a letter of agreement between J and the Defendant as K and Bupyeong-gu Incheon Metropolitan City, Seo-gu, Seo-gu, and Gyeyang-gu that the Defendant would sell D sales and other periodicals, but there is no agreement made between the Plaintiff and the Plaintiff.
However, although the Plaintiff continuously demanded the Defendant to prepare a written agreement for the operation of the newspaper board, the Plaintiff provided C, F, E, and C, from April 2004 to July 2006, to the Defendant from August 201, 2013, both C, E, and C, from August 2006 to December 201, and from December 201, from December 201, 2013, the Plaintiff demanded the Defendant to submit the written agreement for the operation of the newspaper board, and the Plaintiff demanded the Defendant to submit the written agreement to the Plaintiff, but the Plaintiff provided the Defendant with each of the following: (a) from August 2006, to December 201, and (b) from December 201
E. From April 2004 to March 2005, immediately after separation from J, the Plaintiff and the branch office and the sales business operator exempted the sales proceeds for one year, respectively, and the Plaintiff supplied the Defendant from April 2004 to December 2017.