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(영문) 의정부지방법원 2016.03.25 2014가단115537 (1)

광고대금

Text

1. The Defendant’s KRW 95,907,50 for the Plaintiff and KRW 6% per annum from December 1, 2012 to September 29, 2014.

Reasons

1. Basic facts

A. The Plaintiff entered into an advertising agency contract with the Defendant (hereinafter “Defendant”) on August 26, 2010, and entered into an advertising agency contract (hereinafter “instant advertising agency contract”). According to the instant advertising agency contract, the Plaintiff published the “D” commercial sales advertisement as requested by the Defendant at the Central Book, and published the “D” commercial sales advertisement at the Defendant’s request at the Central Book, Shipbuilding, and daily Economic Newspapers at the two weeks’ request by the Defendant on eight occasions.

B. The Plaintiff paid on behalf of the Defendant KRW 114,977,50 in preference to the above advertising fees by November 30, 2012. The Defendant paid KRW 4,070,000 out of the above advertising fees to the Plaintiff on July 23, 2012, KRW 2,000,000 on July 26, 2012, KRW 7,000 on August 13, 2012, and KRW 6,000,000 on August 13, 2012, respectively.

C. Specific details of the advertisements posted under the instant advertising agency contract are as listed below.

The advertisement fee (including won and value added tax) 1'D' 21,367,50 2'D' 2' 2' 18,315,00 3' 18,50 'H' 3,245,00 6' 21,367,50 7 L L 27,500 7 L 27,472,500 7 8,1400 8,140 9's economic newspaper M 4,070,000 total 114,97,500 2's 114,97,500 'H' 3' 18,500 'H' 3' 5,500 K 3,245,000 Y 3,245,00 6,00 6's 21 or 21's 61's 3's 21's 3'N's 3's 3's 1'21'

2. The assertion and judgment

A. According to the above facts as to the cause of the claim, barring special circumstances, the Defendant paid the Plaintiff advertising fees of KRW 95,907,50 (i.e., KRW 114,977,500 - KRW 4,070,000 - KRW 2,000,000 - KRW 7,000,000 - 6,000,000), and as the Plaintiff seeks, the Defendant paid the advertising fees on behalf of the Defendant.