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(영문) 서울중앙지방법원 2015.10.16 2015가단17690

광고대금

Text

1. The Defendant shall pay to the Plaintiff KRW 57,00,000 as well as 20% per annum from January 8, 2015 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is a corporation with the objective of advertising business, consulting business, central bulletin business, and other media production support business, and the Defendant is a corporation with the objective of tourist accommodation business, real estate development business, etc.

B. On November 29, 2013, the Defendant and the managing company, which are the company of the instant business for the operation, etc. of an officetel “Membrid Jeju” (hereinafter “instant business”), concluded a contract with the Plaintiff for advertising promotion, consulting, and operational advice related to the instant business related to the instant business (hereinafter “instant contract”).

The main contents of the instant contract are as follows.

Article 3 (Apportionments) (1) The role of the defendant, etc.: The overall practice of construction, sale in lots, consultation, contracts, etc. of the project in this case, the formulation of plans for advertising publicity and provision of commodities and related information for publicity. (2) The plaintiff's role is to provide support for domestic and foreign network agreements (such as travel agencies and consultants for entrusted operation of services, etc.), support for advertising publicity, and provision of advertising consulting (payment and enforcement of expenses) ① Execution of advertising publicity shall be conducted through consultation with the defendant, etc.

(2) The defendant shall pay to the plaintiff 140 million won (excluding value-added tax; hereinafter the same shall apply) from the date of concluding the contract for the first operation period (from December 31, 2015) from the date of concluding the contract, to the advisory fee for advertising promotion and operation (hereinafter referred to as " advisory fee, such as consulting").

a. The advisory fees, such as consulting, shall be charged 50% as advertising advertising expenses on the date of conclusion of the contract.

The defendant shall deposit KRW 20 million into the plaintiff's designated account within one week from the date of concluding the contract, and the remainder of KRW 50 million shall be deposited into the plaintiff's designated account on February 28, 2014.

b. The remaining advisory fees;