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1. Of the judgment of the first instance, KRW 3,025,027,277 against the Plaintiff (Counterclaim Defendant) in the judgment of the first instance, and the Plaintiff’s counterclaim in relation thereto.
Reasons
After remanding, the judgment of the court of first instance 1) The plaintiff is the principal lawsuit in the first instance court. ① The plaintiff is the Seoul urban bus advertising agency contract that the plaintiff concluded with the defendant on December 20, 2012 (hereinafter “instant agency contract”).
(i) 10,00,000,000 as part of the amount of damages pursuant to paragraph (1) of this Article, and any delay damages therefrom (hereinafter referred to as “1 principal office”).
2) Under the instant agency contract, C Co., Ltd. (hereinafter referred to as “C”) pursuant to the instant agency contract
(B) The confirmation that there is no claim for insurance payment against C under the performance guarantee insurance contract entered into with the Defendant that the Defendant had against C (hereinafter referred to as “B”)
(2) The Defendant filed a claim for counterclaim. (2) The Defendant claimed the payment of KRW 3,060,892,124 for the period prior to the termination of the instant agency contract and the damages for delay thereof (hereinafter “Counterclaim”) and ② as part of the return of unjust enrichment equivalent to the advertising fees that the Plaintiff acquired by occupying and using the urban bus advertisement after the termination date, and the payment of KRW 100,000,000 and the damages for delay thereof (hereinafter “second counterclaim”).
3) As to this, the first instance court dismissed the part of the main claim, and rejected the part of the main claim. ① Some of the claims for the counterclaim were accepted (3,035,939,199 and damages for delay thereof) ② The plaintiff dismissed the counterclaim. ② The plaintiff appealed part of the judgment as to the main claim (5,00,000 won) and ② part of the judgment as to the main claim (5,770,793,520 won out of the claim for payment of insurance money) (2) of the judgment as to the main claim (5,770,793,520 won out of the claim for payment of insurance money) and ② The defendant appealed as to the judgment as to the counterclaim (2) of the judgment below prior to the remand. The plaintiff appealed as to the judgment as to the counterclaim (1) of the judgment below prior to the remand, while maintaining the main claim as to the second claim as to the second claim, and the defendant added the claim to claim the payment of the second claim as unjust enrichment or damages for delay.