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(영문) 서울고등법원 2017.05.19 2016나2081988
계약부존재확인
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasons for the judgment of the court of first instance regarding this case are as follows: ① the term of validity of the first instance judgment, ② the evidence submitted by the defendant under the first instance court Nos. 8, 2, and 17, ② the evidence submitted by the defendant under the first instance court No. 8, 16 (Evidence No. 6, 16, 23) is added; ③ the defendant added the following judgment concerning online advertising contract at the court of first instance except for the addition of the judgment as to the assertion concerning online advertising contract at the court of first instance as to October 21, 2015, and thus, it is identical to the reasoning of the first instance judgment. As such, this is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. Additional matters to be determined;

A. The Defendant asserts that, as the system (advertising Doz), the Plaintiff’s Dozal He added the advertising performance as approved by the Plaintiff, the Defendant only performed the advertising work in the Dozzine held by the Dozzalzalz, as shown in the attached Table of the judgment of the court of first instance via the Dozaryzalzal, and that the instant online advertising contract did not exclude the advertising hub from the advertising media, the Defendant fulfilled the obligation under the instant online advertising contract.

In light of the facts acknowledged earlier, Gap evidence Nos. 12 through 14 and the purport of the entire arguments, the online advertising media determined by the instant online advertising contract is a medium directly or indirectly published by the SSG PAY advertising exhausters, and otherwise, there is no evidence to acknowledge that the defendant has obtained approval from the plaintiff as an advertising medium of the "advertising hub (the system aggregating advertising performance)" from the plaintiff. Thus, the above argument by the defendant is without merit.

Furthermore, the Defendant did not install a SSG PA Y advertising exhauster in Dohale, and performed the advertising work through another medium connected to Dohabu, and the Defendant violated the instant online advertising contract by entrusting the showju, etc. with the advertising work set forth in the instant online advertising contract without obtaining the Plaintiff’s approval.

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