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(영문) 서울남부지방법원 2015.12.10 2015나55699
광고대금반환
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. On February 7, 2014, the Plaintiff operating the Seoul POE Division: (a) the Defendant entered into a news service contract (hereinafter “instant contract”) with the news reporters and editors affiliated with the Defendant to gather and edit news reports and news for the promotion of the said hospital; (b) to transmit them to Internet press agencies; and (c) to transmit them on the website news of major portal sites affiliated with the relevant media agencies within 40 times within 12 months; and (d) to transmit them on 40 occasions within 12 months; (c) the Plaintiff shall pay in advance 380,200 won per case; (d) the sum of KRW 15,200,000 per case (excluding value-added tax x 380,000 won x 40, value-added tax x 40, and value-added tax separately); and (d) to the effect that the termination of the contract is impossible without any special reason.

B. The Plaintiff, on the same day, remitted KRW 16,720,000 (including KRW 15,200,000 x 1.1 and value-added tax) to the Defendant on the same day under the instant contract.

C. The Plaintiff, from the end of February 2014 to March 17, 2014, sent three articles to the Defendant, but all of them were not exposed to the Internet, and there was no effect of publicity, and thereby, the trust between the Plaintiff and the Defendant was impaired. As such, on March 21, 2014, the Plaintiff notified the Defendant that the instant contract would be terminated, and the Plaintiff would return the remaining money after deducting three-time withdrawals from the advance payment made by the Plaintiff by March 31, 2014, and the said notification (hereinafter “instant termination notification”) reached the Defendant on March 24, 2014.

[Ground of recognition] Unsatisfy, entry of Gap evidence 2 to 5, purport of whole pleadings

2. Determination as to the cause of claim

A. (1) Since a continuous contract is based on the trust relationship between the parties as to whether to terminate the instant contract, in a case where one of the parties to the instant contract breached its contractual obligations and thus the trust relationship, which serves as the basis of the instant contract, is destroyed, thereby making it difficult to maintain the contractual relationship as it is, the other party shall prevent the contractual relationship.

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