광고대금
1. The Defendants are jointly and severally liable to the Plaintiff for 37,670,000 won and 5% per annum from May 31, 2019 to August 19, 2020.
1. The Plaintiff’s basic facts are the company that combines “F Company” that issues and sells daily newspaper “E,” the Defendant C is a company that operates advertising agency business (hereinafter “Defendant company”), and the Defendant D is the representative director of the Defendant company.
From 2013 to 2013, the Plaintiff: (a) if the Defendant Company received the advertisement from a third party, the Plaintiff published the advertisement in E that is issued by the Plaintiff; and (b) the Defendant Company received from a third party and received the advertisement fees from the third party, and paid the Plaintiff the total amount of the advertisement fees to the Plaintiff by the date designated by the Plaintiff; and (c) concluded an advertising agency contract with the
On January 26, 2016, the Defendant Company decided to pay the outstanding amount of KRW 44,000,000 to the Plaintiff in installments at the end of each month, and Defendant D guaranteed the outstanding amount of KRW 50,000.
After all, the Defendants paid KRW 6,330,000 to the Plaintiff until the instant lawsuit is filed.
[Reasons for Recognition] Uncontentious Facts, Entry of Gap evidence 1, purport of whole pleadings
2. Determination:
A. According to the above facts, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff the advertising price of KRW 37,760,000 (=44,000,000 - 6,330,000) and damages for delay.
B. The Defendants asserted as to the Defendants’ assertion that the remaining amount is KRW 17,870,00,000 if the amount of the advertising agency fee paid from the outstanding amount to the Plaintiff is offseted by KRW 19,80,00,000, but it is not sufficient to acknowledge that the Plaintiff had the unpaid advertising agency fee against the Defendant Company solely with the descriptions of the evidence Nos. 1-1 through 4, and Nos. 2 through 7. There is no other evidence to prove otherwise.
C. Accordingly, according to the theory of lawsuit, the Defendants jointly and severally filed a complaint with the Plaintiff amounting to KRW 37,670,000 and a duplicate of the complaint of this case as sought by the Plaintiff.