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(영문) 서울남부지방법원 2017.07.07 2016나7222

협찬금 등

Text

1.The judgment of the first instance shall be modified as follows:

The plaintiff's lawsuit against the defendant B Organizing Committee shall be dismissed.

Reasons

1. Basic facts

A. On November 17, 2015, the Defendant Company contacted with C in charge of promoting the Defendant Organizing Committee, and requested the Plaintiff to make an indirect advertisement of the “E” exhibition held by the Defendant Organizing Committee in D (hereinafter “instant exhibition”).

B. In accordance with the Act on Broadcast Advertising Sales Agencies, Etc., the Plaintiff presented the amount of indirect commercials to the Defendant Company as KRW 30,000,000, by subjecting the Defendant Company to offer an offer to Coco-owners pursuant to the Korea Broadcast Advertising Corporation (hereinafter “Coco-owners”) for all advertising of the program sent by the Plaintiff, and directed G and the Defendant Company, an external producer, who produces the F Program (hereinafter “instant Program”), to proceed with indirect commercials through consultation.

C. G officer H and Defendant Company representative director I contact each other from November 25, 2015 to December 2 of the same year to consult about the schedule and content of indirect commercials, and completed the response at the exhibition site to take the instant program on December 3 of the same year.

G completed the instant program shooting reflecting the instant exhibition, etc. on December 4, 2015, and notified the Defendant Company that the broadcasting day is confirmed by J on the 14th of the same month.

However, the defendant company expressed its intention that the defendant organizing committee will be able to find it difficult for the defendant company to proceed with indirect advertisements to make a direct payment to bane due to the funds of the defendant organizing committee.

E. Accordingly, on December 17, 2015, the Plaintiff decided to convert the above indirect commercials into a sponsoring form, and accordingly, the Plaintiff lowers the amount to KRW 25,00,000 (excluding value-added tax) and allowed the Plaintiff to pay in installments. On the same day, the Plaintiff sent the program sponsor agreement (hereinafter “instant agreement”) to the Defendant Company by e-mail, but the Plaintiff sent the program sponsor agreement (hereinafter “instant agreement”) to the Defendant Company by e-mail.