beta
(영문) 서울남부지방법원 2017.10.27 2017가단234655

여론조사 대금 등

Text

1. As to the Plaintiff’s KRW 56,175,00 and KRW 38,520,00 among them, the Defendant shall start on May 4, 2017, and the remainder 17,655.

Reasons

1. Facts of recognition;

A. On April 11, 2017, the Plaintiff entered into the 19th presidential election contract with the Defendant, a preliminary candidate for the B Party B, with the content as follows: (a) the Defendant requested the Plaintiff to enter into the 19th presidential election ARS public opinion poll service contract (hereinafter “instant contract”).

- The size and date of survey of samples of areas subject to survey of the contents of the public opinion poll and the number of 48,000 persons (16,00 persons x 3 times): 4/13-4/15 (16,000 persons) 2: 4/21-4/23 (16,000 persons): 4/28-4/30 (16,000 persons) 3: 4/28-4/300 persons. The term of the ARS public opinion poll - from April 11, 2017 to May 9, 2017.

In consultation with the defendant, the plaintiff must faithfully perform and complete the ARS public opinion poll services for the 19th presidential election, and provide the defendant with the service result, such as a report.

- The amount of services shall be KRW 96,300,000 (excluding value-added tax).

The payment of the price shall be made before submitting a report after the completion of each investigation, and the service price shall be 32,100,000 won (excluding value-added tax) each time.

- The Plaintiff and the Defendant, in relation to this contract, may cancel or terminate this contract, if one of the parties has violated this contract, and (2) if either of the parties has notified the other party of the correction thereof within a fixed period of seven days, and is not corrected, and may claim damages to the other party whose cause is attributable.

B. Pursuant to the instant contract, the Plaintiff conducted the primary and secondary public opinion poll with each 1,00 sampling based on the national 16 Metropolitan Cities and Dos respectively. The primary final report was submitted on April 18, 2017, and the secondary final report was submitted on April 28, 2017.

However, in the case of the third public opinion poll, the plaintiff is the defendant in the wind that the defendant suspends the public opinion poll due to various reasons while conducting the public opinion poll.