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(영문) 서울중앙지방법원 2015.07.10 2015가합511298

광고료 지급 청구

Text

1. The Defendant’s KRW 209,766,048 as well as 6% per annum from January 28, 2015 to July 10, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. A. Around December 2012, the Defendant requested the Plaintiff to implement a field advertisement with the size of 18 meters wide and 8 meters vertical length (hereinafter “instant advertisement”) on the ground near the expressway located in 224-5 located in both sides of the Cheongbuk-gun’s present drawing of the Chungcheongbuk-gun, the Defendant requested the Plaintiff to implement the instant advertisement (hereinafter “instant advertisement”).

In addition, on January 3, 2013, when the head of a public corporation intends to conduct an advertisement on the promotional media with respect to his/her duties, the Defendant specified the Plaintiff to the Minister of Culture, Sports and Tourism as an agency and requested the implementation of the instant advertisement as KRW 316,80,000 from January 3, 2013 to December 2013 in accordance with Article 5 of the Regulations on the Enforcement of Government Advertisement (The Prime Minister’s Directive No. 541) that the Minister of Culture, Sports and Tourism must request the Minister of Culture, Sports and Tourism in advance.

B. On January 2, 2013, at the Defendant’s request, the Plaintiff: (a) installed and operated the instant advertisement between January 1, 2013 and December 31, 2013, the main planning company (hereinafter “main planning”) as an advertising agent (hereinafter “main planning”); (b) the Plaintiff paid the main planning an advertising fee of KRW 26,40,00 per month; (c) KRW 316,80,00,000 per month; and (d) the principal planning paid the amount equivalent to 10% of the said advertising fee as a commission; and (d) the Plaintiff concluded an advertising agency contract with the contents that “if it is necessary to cancel it inevitably due to an objective apparent inevitable circumstance of the Plaintiff, such as a request for suspension of advertisement due to the Defendant’s circumstance, natural disaster, change of statutes or government policies, revocation of permission, etc., the Plaintiff may cancel all or part of the contract.”

(hereinafter referred to as the “instant advertising agency contract,” and the contents of the said 4 regarding the termination of the contract (hereinafter referred to as the “instant termination clause”). Accordingly, the main plan installed and operated the instant advertisement in accordance with the instant advertising agency contract.

C. The defendant has a great amount of liabilities due to failure in the development project of the Yongsan International Business District.