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1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
Reasons
1. Facts of recognition;
A. Around July 2016, the Plaintiff-in-charge (C) concluded an agreement with the Defendant (in-charge D) on July 2016 (hereinafter “instant agreement”) on the following: (a) the Plaintiff’s employees entered into an agreement with the Defendant (in-charge D) that the Plaintiff’s employees should wear and distribute a leaflet to publicize the Defendant’s health clubs in daily newspapers; (b) attach the leaflet at the entrance of the apartment complex in the neighborhood; and and (c) the Defendant shall pay the price therefrom.
B. In accordance with the instant agreement, the Plaintiff carried out business activities, such as distributing the former part of KRW 19,162,00 (including value-added tax) to neighboring apartment complexes, in total from July 22, 2016 to July 26, 2017.
C. The Defendant paid KRW 1,364,000 on November 7, 2016, and KRW 2,000 on June 9, 2017, respectively, for the repayment of the instant contract price.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, 12, and 13, the purport of the whole pleadings
2. Determination
A. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay the Plaintiff the agreed amount of KRW 15,798,000 (=19,162,000 - 1,364,000 - 2,000 won) and damages for delay pursuant to the agreement of this case, barring special circumstances.
B. The defendant's assertion argues that the defendant completed payment of the price for the particulars confirmed by the order with the letter of expenditure, etc., and that the remaining part of the plaintiff's claim cannot be responded to the plaintiff's claim due to lack of objective evidence.
The following circumstances, i.e., ① did not prepare a contract under the instant agreement between the Plaintiff and the Defendant, but the content of the message (Evidence A5) between the employee in charge and the Plaintiff’s ledger of the outstanding amount (Evidence A6), and the existence of the instant agreement and the performance of the agreement can be sufficiently recognized based on the evidence above. ② The Defendant did not prepare a contract under the instant agreement.