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(영문) 서울남부지방법원 2016.10.06 2015나8037

광고대금

Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 77,000,000 as well as to the plaintiff on April 1, 2014.

Reasons

1. The assertion and judgment

A. The reasoning of the judgment on the cause of the claim is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, and such reasoning is cited by the main text of Article 420 of the Civil Procedure Act.

B. The defendant's assertion (1) The defendant asserted that the advertising contract of this case is null and void, regardless of the defendant's profit, since the representative D at the time concluded the advertising contract of this case by abusing his/her power of representation for the purpose of promoting the personal interest of the plaintiff E and the plaintiff's spouse, who is himself/herself or a third party, and the plaintiff knew or could have known such abuse of power of representation.

(2) Examining the issue of abuse of power of representation, and all evidence submitted by the Defendant, it is not sufficient to acknowledge the Defendant’s assertion that the instant advertising contract was concluded regardless of the Defendant’s profit, and otherwise, there is no evidence to acknowledge that the instant advertising contract was concluded only with a view to promoting only the Defendant’s own or a third party’s personal interest.

Rather, considering the aforementioned evidence and evidence, evidence Nos. 22, 28, 31, 37, Eul’s evidence Nos. 2, 9, 12, 13, 41, and 44, each of the statements and images as to Gap’s witness evidence Nos. 19 through 21, the circumstances leading up to the conclusion of the instant advertising contract, the relationship between the plaintiff and the defendant, the purpose of the instant advertising contract, and the place of use of advertising money, etc., the instant advertising contract is within the scope of management judgment of defendant representative D at the time when considering the interests of the defendant company.

① Although the circumstance that the single advertising fee is considerably high compared to other media is acknowledged as the defendant's assertion, it is possible to select an association of advertising media and to determine what kind of advertising media strategies are to be applied.