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(영문) 대구지방법원 2015.06.12 2015가단1052

광고료등

Text

1. The Defendant’s KRW 5,500,000 as well as the Plaintiff’s annual rate of 6% from January 20, 2015 to June 12, 2015, and the following.

Reasons

1. Part of the claim for the unpaid advertising fee

A. 1) On September 9, 2013, the Plaintiff, who is engaged in advertising agency business, etc. with the trade name of “C,” refers to the instant advertising agency contract with the Defendant who is engaged in the interior business with the trade name of “D” (hereinafter “C”).

A. The term of the contract: Advertising fees for three years from September 9, 2013 to September 9, 2016: 2,500,000 won per month (the fixed amount for three months from September 20, 2013 to November 20, 2013). However, advertising fees for three months from September 20, 2013 to November 20, 2013 shall be KRW 2,00,000 per month.

(2) From September 9, 2013 to July 2014, the Plaintiff posted on the Internet an advertisement with the content of promoting the Defendant’s interior work business as stipulated in the instant advertising agency contract.

[Reasons for Recognition] Facts without dispute, Gap 1, 3 evidence, 12 evidence 6-12, the purport of the whole pleadings

B. According to the facts found above, the defendant is obligated to pay to the plaintiff 5,500,000 won (the particulars of its tax are as follows) and damages for delay, which are the aggregate of the remainder, excluding the amount that the plaintiff received from the plaintiff, among the advertising fees that the plaintiff incurred from September 9, 2013 to July 2014, excluding the amount that the plaintiff received.

[A] According to the statement of evidence Nos. 3, the defendant may recognize the fact that he/she received the message from the plaintiff on the details of the unpaid advertising fees (total amount of KRW 5,800,000) from December 2013 to July 2014, but did not raise any objection to such amount. According to this, the defendant seems to have recognized that he/she substituted the details of the unpaid advertising fees calculated by the plaintiff around that time. The non-paid advertising fees amounted to KRW 1,30,000 on December 1, 2013 and KRW 200,000 on February 20, 2014, KRW 300,000 on March 1, 2014, KRW 200,000 on April 1, 2014 to KRW 61,000,000 on July 4, 2008, the defendant revised the terms of the contract to the plaintiff and the plaintiff on July 2005, 2005.