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(영문) 수원지방법원 성남지원 2018. 3. 20. 선고 2018가단200289 판결

광고대금

Cases

2018 Ghana 200289 Advertising proceeds

Plaintiff

Hanyang Planning Corporation

Defendant

A Regional Housing Association

Conclusion of Pleadings

Pleadings without Oral Proceedings

Imposition of Judgment

March 20, 2018

Text

1. The defendant shall pay to the plaintiff 90,000,000 won with 5% interest per annum from January 1, 2018 to January 24, 2018, and 15% interest per annum from the next day to the day of complete payment.

2. The costs of the lawsuit are assessed against the defendant.

3. Paragraph 1 can be provisionally executed.

Purport of claim

The same shall apply to the order.

Reasons

1. Indication of claim;

The reasons for the attached Form shall be as shown in the attached Form.

2. Applicable provisions;

Judgment without Oral Pleading (Articles 208(3)1 and 257 of the Civil Procedure Act)

Judges

Judges Hong-seok

Site of separate sheet

Grounds for Claim

1. Conclusion of an advertising agency contract with the creditor and debtor;

The defendant, as the "A regional housing association", ordered the plaintiff to conduct the regional housing association called "A regional housing association C" on the land of "A" in Gyeonggi-do Gwangju City, and the plaintiff and the defendant entered into a contract for advertising business for the recruitment of union members and general sale advertisement with respect to the "A regional housing association new construction work" project for the land of the B B of Gyeonggi-do in Gyeonggi-do on December 08, 2014.

First, after entering into a contract with the Committee for Promotion of the Regional Housing Association, the association was established after the execution of the advertisement and entered into a contract with the “A Regional Housing Association”.

The defendant constituted "A Regional Housing Association Promotion Committee" in 2014 and recruited its members from December 2014 to establish "A Regional Housing Association" in June 2015, commenced on or after February 2017, and continued the general sale on or after February 2017, and reached the present time. The sale plan has been completed.

(Evidence 2-A A of the Agreement on the Admission of Members to District C)

2. The plaintiff provided advertising services to the defendant.

A. Based on the above advertising service contract, the Plaintiff provided various advertising services to the Defendant from December 8, 2014 to August 25, 2015.

(a) Execution of media such as newspapers and Internet advertisements;

(ii)the production of printed materials of Kadags, polyms, leaflets and leaflets;

(iii) outdoor media, etc. such as placards and boopingcar, etc.

(iv)the manufacture of other advertisements necessary for sale in lots;

(Evidence No. 3- Costs for Advertisement Services)

B. It is confirmed that it exceeds the total advertising amount entered into on December 08, 2014, and subject to mutual agreement, it also entered into an additional service contract on June 9, 2015.

(Certificate 4- Advertisement Service Additional Contract)

3. Demand for the payment of advertising services;

A. The advertising price executed by the Plaintiff is in total KRW 1,828,939,750 (including VAT). The Plaintiff claimed advertising price to the Defendant three times.

(1) KRW 1,132,840,50 on February 24, 2015

2) June 23, 2015 KRW 566,761,250

3) August 25, 2015 KRW 38.00

B. From March 30, 2015 to September 04, 2015, the Defendant paid only KRW 1,372,176,00 on six occasions.

A person shall be appointed.

C. Among the advertising services conducted by the Plaintiff, the Plaintiff was unable to pay the monthly advertising price to the Defendant, and the Defendant directly performed the business from August to September 2015. Since then, the Defendant paid KRW 71,103,190 for the banner costs to be executed and paid by the Plaintiff on behalf of the Plaintiff.

(Certificate 5-Agreement on Partial Payment of Service Fees)

D. The status of advertising service costs between the Plaintiff and the Defendant around August 2017:

(a) Total amount of commercials: 1,828,939,750 won;

(ii) Amount settled: 1,372,176.00 won;

(c) Amount paid in lieu of others: 71,103,190 won;

4) Unsettlement balance: 385.660.560 won.

(Certificate 6 No. 6- Current Status of Advertisement Service Cost)

E. Accordingly, the plaintiff filed an application for provisional seizure of claims against "Korea Asset Trust Co., Ltd.", the third debtor to whom the defendant entrusted the trust business, and received a ruling of acceptance.

(No. 7-Provisional Attachment Order of Claim No. 2017Kadan985, Seoul Central District Court

4. Reagreement other than advertising costs;

A. On August 29, 2017, the provisional seizure of claims was decided, and the Plaintiff and the Defendant on September 12, 2017

I made a mutual agreement to this effect.

The total amount of credit was agreed 385,660,560 won 340,000 won.

B. The written agreement states that the Plaintiff would dissolve the provisional attachment of claims, and the Defendant would pay KRW 150.00,000,000 for the amount of the unpaid advertisement to KRW 340,00,000 on September 15, 2017, and KRW 190,000 for December 26, 2018.

(Insane-Nos. 8)

5. The defendant paid part of the advertising service price.

On September 12, 2017, based on the agreement that was agreed on September 12, 2017, the Plaintiff revoked provisional attachment of claims on September 12, 2017, and the Defendant paid KRW 250,000,000,000, out of KRW 340,000,000 on September 20, 2017, and KRW 100,000,000 on December 28, 2017.

The advertising service cost payable upon suspicion is KRW 90,000,000 per day.

(Application for cancellation of Attachment of Claim for Certificate of No. 9)

6. Necessity of the principal lawsuit

피고는 여러 사정을 이야기 하며, 잔액에 대하여 2018년 5월경에 지급할 수 있다고 합니다. 이 채권은 2015년 8웥경에 용역이 종료된 건에 대한 광고용역비입니다. 용역이 끝난 광고용역대금에 대하여 지속적인 미지급 상홤이 계속되고 있는 것입니다.

Although the agreement to pay the full amount by December 28, 2017 has not yet passed several years since the date of the initial payment of the advertising service, more than two years have passed since the date of the first payment of the advertising service, and more than two years have passed since the provisional seizure of claims, etc., was conducted and the part of the advertising service payment has been paid.

The plaintiff suffered a lot of difficulties since 2015, and the defendant urged the defendant to repay several times, but the defendant did not pay the interest rate from October 2015 to September 2017. He did not comply with the promise to repay several times. In addition, even though the defendant recently received a large amount of funds, he did not pay it to the plaintiff.

At present, the defendant seems to have weak intent to repay, and the repayment of debt is judged to be uncertain.

8. Conclusion

The defendant shall pay to the plaintiff KRW 90,000,000 for advertising services not paid in accordance with the agreement made on September 12, 2017. This case is the claim for payment of KRW 50,000 per annum under the Civil Act from January 1, 2018 to the delivery date of the copy of the complaint, and from the following day of the delivery of the copy of the complaint to the full payment date, the amount equivalent to 15% per annum under the provisions of the Act on Special Cases concerning the Promotion of Legal Proceedings, etc.