beta
(영문) 서울중앙지방법원 2020.06.25 2019가합516345

광고료 청구의 소

Text

1. As to KRW 1,074,115,638 among the Plaintiff-Counterclaim Defendant and KRW 178,759,888 among the Plaintiff-Counterclaim Defendant and KRW 178,759,888, January 28, 2019.

Reasons

1. Basic facts

A. The plaintiff is engaged in online advertising agency business for the purpose of advertising planning, agency business, etc., and the defendant operates D, an Internet open market, as a company with the purpose of Internet auction, product brokerage, etc.

B. On September 30, 2018, the Plaintiff and the Defendant entered into a contract with the Plaintiff to act on behalf of an advertiser in a specific location of the screen as a result of the search that appeared when the Plaintiff searched a specific keyboard on D’s search advertising (portal site) on the search screen (hereinafter “instant advertising agency contract”). The main contents are as follows.

Advertisement media for contract terms: E, F, G, H, and I website: D contract period (advertising period): From October 1, 2018 to December 31, 2018: The scope of advertising agency business: The ratio of contract performance guarantee rates for all kinds of services related to planning of search advertisements, planning of search advertisements, planning and execution of planning of budget, planning and execution of search advertisements, selection of media, purchase of advertising products, and other services related to search advertising: the total advertising fee per 10% of the total advertising fee: the advertisement price awarded by an advertiser (Defendant) multiplied by the number of times the users charactered (value-added tax separately).

Provided, That the monthly advertising fees shall be determined by mutual consultation between the first advertiser and the agency (Plaintiff) each month, and shall not exceed a total of 4.5 billion won and a maximum of 1.5 billion won per month during the contract period of this contract.

Article 9 (Settlement of Advertising Fees) (1) of the General Conditions for Contracts (Settlement of Advertising Fees) ① Advertising fees that an advertiser pays to an agency in return for the purchase of advertising products, the examination of advertising materials, and the execution thereof shall be the amount (excluding value-added tax) calculated by multiplying the unit price awarded by the number of times the advertiser participates in the bidding of the advertising media and the bid price of the advertising media is the

(Specialized omitted) The agent shall pay advertising fees incurred pursuant to Article 9 (1) from the beginning of each month to the end of each month (hereinafter referred to as "period subject to settlement").