1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. On March 10, 2014, the Plaintiff asserted that: (a) the Defendant was entrusted with the production of promotional materials, such as Kavinags, waterway analysis marks, bags, etc. (hereinafter “instant promotional materials”); (b) on March 24, 2014, the Defendant supplied the instant promotional materials to the Defendant; (c) on the other hand, the Defendant did not pay the Plaintiff KRW 29,601,000 for the production cost of the said promotional materials until now.

Therefore, the defendant is obligated to pay to the plaintiff the above 29,601,000 won and damages for delay.

2. Determination

A. According to the respective statements and the overall purport of the pleadings as to Gap evidence Nos. 1 through 4, the Plaintiff completed the production of the instant promotional material around March 24, 2014, the Plaintiff may recognize the fact that the production of the promotional material of this case was completed, among the production costs of the promotional material of this case, the cost of Kavicing KRW 27,577,000 (=25,070,000 x 110%, including surcharges, and additional taxes; hereinafter the same shall apply) and other goods costs, such as bags, are 2,024,000 won (=1,840,000 x 110%) total amount of KRW 29,601,000 (=27,577,0000 x 2,024,000).

B. Examining the facts, it is reasonable to view that the publicity materials of this case were produced by the Defendant on March 10, 2014, and supplied the above promotional materials to the Defendant on March 24, 2014, taking into account the following circumstances: (a) the promotional materials on urban development and apartment construction projects as indicated in paragraph (1) of the Defendant’s implementation plan, service contract, etc., and the Plaintiff appears to have been provided by the Defendant with the business plan, service contract, etc., in the process of producing the above promotional materials; and (b) the Plaintiff was requested by the Defendant to produce the promotional materials of this case on March 10, 20

C. Therefore, barring special circumstances, the Defendant is 29,601,000 won, the production cost of the instant promotional materials, and 15% per annum as prescribed by the Civil Act, from October 11, 2017 to October 23, 2017, the delivery date of a copy of the instant complaint, which is the date of the said production, to the Plaintiff, and 5% per annum as prescribed by the Act on Special Cases concerning the Promotion of Legal Proceedings, etc., from the following day to the date of full payment.