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(영문) 부산지방법원 2019.01.10 2018가단310152 (1)

광고대금

Text

1. The Defendant’s KRW 74,462,150 as well as 6% per annum from November 2, 2018 to January 10, 2019 to the Plaintiff.

Reasons

1. The following facts of recognition do not conflict between the Parties:

(1) The plaintiff is a company that conducts advertising agency business, and the defendant is a company that conducts advertising agency business and advertising consulting business.

B. The Defendant entered into an advertising contract with the Plaintiff as KRW 14,168,00 (including value-added tax; hereinafter the same shall apply) during the period from October 12, 2017 to November 11, 2017; and (2) on January 7, 2018, the Defendant entered into an advertising contract with the Plaintiff, setting the advertising price as KRW 14,168,00 (including value-added tax; hereinafter the same shall apply); and (3) on the basis of having the Plaintiff vicariously carry out the F-sale publicity activities outside and outside the city buses from January 8, 2018 to April 7, 2018, setting the advertising price as KRW 171,580,00 (hereinafter referred to as “E-city advertising price”); and (4) in addition to the advertising price at the time, “the advertising price”.

Secondly, the Defendant did not pay 79,506,000 won out of the C/Si advertising price and the monthly advertising price, which was agreed to pay to the Plaintiff by April 6, 2018.

x. Meanwhile, even though the Defendant agreed to pay the Plaintiff the monthly advertising price of KRW 59,950,000,000, out of the E-si advertising price for the second month, until April 30, 2018, the Defendant did not pay the Plaintiff the monthly advertising price of KRW 59,950,000, out of the E-si advertising price, even though it agreed to pay the Plaintiff by May 31, 2018.

2. Determination

A. According to the facts of the judgment as to the cause of the Plaintiff’s claim, the Defendant is obligated to pay to the Plaintiff the sum of KRW 199,406,00 ( KRW 59,506,000, KRW 59,950,000) and KRW 79,506,000 out of the following day following each due date for payment, barring special circumstances, for KRW 59,506,00 from April 7, 2018; for KRW 59,950,00 from May 1, 2018; for KRW 59,950,000, the remainder of KRW 59,950,00 from June 1, 2018; and for KRW 6% from each year under the Commercial Act.

B. The Defendant’s judgment on the Defendant’s assertion and appropriation of reimbursement is the Plaintiff and C City Advertising Costs.

참조조문