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(영문) 수원지방법원 2019.04.18 2018가단4778

손해배상금

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant B Housing Association Promotion Committee (hereinafter “Defendant Committee”) is a non-corporate body which promoted the establishment of a regional housing association, and the Defendant C Co., Ltd. (hereinafter “Defendant Company”) concluded an agency service agreement with the Defendant Committee relating to the establishment of a regional housing association.

B. On April 26, 2017, the Plaintiff is an advertising agency that entered into an advertising agency contract related to the regional housing association project promoted by the Defendant Committee (hereinafter “instant advertising agency contract”) with the Defendant Committee and the Defendant Company.

【Reasons for Recognition】 Entry of Evidence No. 1, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. (1) After entering into the instant advertising agency contract, the Plaintiff directly ordered or placed an order for the production of advertisements, such as advertising planning, promotional images, and radio advertisements, by May 26, 2017, pursuant to the instant advertising agency contract. Accordingly, the Plaintiff required the production cost of KRW 131,640,000 in total.

Nevertheless, the defendant committee and the defendant company have not complied with the advertising agency contract of this case, such as continuing to pay the down payment under the advertising agency contract of this case.

Therefore, the Defendant Committee and the Defendant Company are jointly and severally liable to pay the Plaintiff a total of KRW 131,640,000,000 for the expenses incurred in making the said advertisement due to nonperformance of obligation.

(2) While the Plaintiff did not receive the down payment under the instant advertising agency contract, the Plaintiff heard the phrase “on May 26, 2017, the date of sale should be set by the Defendant D, the representative of the Defendant Company, and Defendant E, the representative of the Defendant Company. Since the down payment is to be deposited immediately, the Plaintiff asked the production of the advertisements for sale in lots without any impediment to the sale in lots,” and trusted that the advertising production cost was disbursed.

Furthermore, Defendant D incurred damages to the Plaintiff on or around the end of May 2017.