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(영문) 부산지방법원동부지원 2017.06.28 2016가단20147

광고대금

Text

1. The Defendant shall pay to the Plaintiff KRW 20,900,000 and the interest rate of KRW 15% per annum from December 1, 2016 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The plaintiff is a business operator that operates a broadcast advertising agency and a production, and the defendant operates a mutually cafeteria with the trade name "C" and "D".

B. Around February 2016, the Plaintiff produced the advertisement “C” and “D” at the request of the Defendant to transmit the advertisement of the restaurant operated by the Defendant to the cable TV broadcast, and then produced the advertisement from March 11, 2016.

8. From May 21, 2016 to May 21, 2011, the advertisement of “C” in CJH CJH broadcast, and the same year.

8. From 20.20. up to 20.2, “D” advertisements were sent to Trod North Busan & East Broadcasting respectively.

C. The Plaintiff received total amount of KRW 28,600,000, including value-added tax (=C’s “C”) KRW 11,200,000,000 for advertising transmission cost of KRW 200,000 for “C” (=2,200,000 x 5 months) for advertising transmission cost of KRW 2,200,00 for “D” (=3,300,000 x 4 months) for advertising transmission cost of KRW 13,200,00 for 7,700,000 among them (=6,000 for 3,30,000 x 4,40,000 for 1 month) for advertising transmission cost of KRW 4,40,00 for “C” (=3,300,000 for advertising transmission cost of KRW 3,30,000 for 3,000 for advertising transmission cost).

[Ground of recognition] Facts without dispute, entries or images of Gap evidence 1 to 10, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the unpaid advertising price of KRW 20,900,000, and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from December 1, 2016 to the date of full payment, as the Plaintiff seeks.

3. On the judgment of the defendant's assertion, since the defendant agreed to make free production among the plaintiff's claim amount of advertising production costs of 4,400,000 won, the defendant cannot accept this part of the plaintiff's claim.