1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered for payment following the order shall be revoked.

1. Summary of the parties' arguments

A. The Plaintiff and the Defendant requested the Plaintiff to provide services as to the sign, design, or compilation board work as to the book, “C” (hereinafter “C book,”) and the book, “D” (hereinafter “D book,”) as the book, “C,” and “D.”

The plaintiff performed the service at the request of the defendant and delivered the completed service to the defendant.

In return for the performance of the service, the Defendant shall pay to the Plaintiff the amount of KRW 6,50,000 (2,000,000,000, or design 1,000, or 1,000,000, or 3,500,000, or 3,500,000, or 3,500,000 (based on 350,000, or 10,000, or 304,000, or 304,00,000, or 7,716,000, or 4,000, or 304,00,00, in total, for the performance of the service of the Plaintiff.

B. Defendant 1) did not conclude a service contract between the Plaintiff and the Plaintiff on the service price of KRW 6,50,000 for the instant book C. The Plaintiff only performed the aforementioned book C’s mark and design draft work and the amount of 288 pages or editing and lighting work. It is unreasonable for the Plaintiff to claim the service price on the premise that the service work is completed without publication. 2) It is recognized that the Plaintiff is liable to pay the service price of KRW 912,00,00 calculated by applying the unit price per page to the instant book or editing book work with respect to the instant booker. However, a claim for the service price of KRW 4,000 per excess page is unreasonable.

2. Determination

가. 인정사실 1) 원고와 피고의 지위 원고는 ‘E’이라는 상호로 디자인 업체를 운영하는 개인사업자이고, 피고는 도서출판업을 영위하는 회사이다. 2) 이 사건 C 책자 관련 경위 ㈎ 원고는 피고의 사내이사인 F으로부터 2017. 10. 11.경 이...