beta
(영문) 서울남부지방법원 2015.07.17 2015나51444

약정금

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. Basic facts

A. The status C Co., Ltd. (hereinafter “C”) was established for the purpose of advertising agency business around 2004, and the Plaintiff’s representative director D and the Defendant’s inside director E have served as C’s director or representative director.

On April 13, 2011, E established the defendant and took office as a representative director.

B. The instant advertising agency contract C entered into an advertising agency contract with F Co., Ltd. (hereinafter “F”) on April 1, 2012 and C on behalf of F to February 28, 2013 (hereinafter “instant advertising agency contract”). The instant advertising agency contract entered into an advertising agency contract with F to pay F fees to C (hereinafter “instant advertising agency contract”). As a matter of principle, the instant contract term shall be six months, but if there is no separate adjustment between the parties, the instant contract shall be automatically renewed.

C. Around March 11, 2013, the Plaintiff’s establishment and the instant agreement, etc.: (a) separately from C, the Plaintiff was established and appointed as its representative director; (b) during that process, the Plaintiff’s representative director D and the in-house director E were discussed about the allocation of fees to be paid under the instant advertising agency contract; (c) Ultimately, around March 2013, when the Plaintiff and the Defendant actually performed the instant advertising agency business and received fees from F, the Defendant agreed to pay 8/15 of the fees to the Plaintiff (hereinafter “instant agreement”).

Thus, from April 2013 to June 2013, the Defendant paid to the Plaintiff the amount equivalent to 8/15 of the commission that the Defendant received from F in accordance with the instant agreement (2,67,027 won in April 2013, 3,157,863 won in May 2013, and 5,54,072 won in June 2015).

Meanwhile, the amount equivalent to 8/15 out of the commission paid by the Defendant from F in July 2013 is KRW 7,678,925, and the amount equivalent to 8/15 out of the commission for August 2013 is KRW 5,229,066.

[Reasons for Recognition]