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(영문) 서울중앙지방법원 2015.08.21 2015가단33463

광고대금

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1. The Defendants jointly and severally agreed with the Plaintiff KRW 37,273,50 and 6% per annum from October 13, 2012 to August 21, 2015.

Reasons

1. The judgment of Defendant B on the ground of the Plaintiff’s claim is engaging in the advertising agency business in the name of Defendant A by lending the name of Defendant B.

The Plaintiff entered into an advertising contract with the Defendants, and published an advertisement on behalf of the Defendants in a daily newspaper issued by the Plaintiff.

The Defendants are jointly and severally liable to pay the advertising price to the Plaintiff. The advertising price to be paid up to October 12, 2012 reaches KRW 47,157,000 (the fact that there is no dispute between the parties). Therefore, the Defendants are jointly and severally liable to pay KRW 47,157,00 to the Plaintiff.

2. Determination as to the defendants' defense disputes

A. The Defendants urged the Plaintiff to publish the advertisement during the term of “advertisements” and have no choice but to do so. They cannot respond to the claim for the amount of KRW 16,50,000 as advertising price.

However, there is no evidence to acknowledge the contents asserted by the Defendants, and even if the content is true, it is difficult to readily conclude that the Defendants may refuse to claim the advertising payment to the Plaintiff.

Rather, in full view of the purport of the argument in Gap evidence No. 3, the defendants acknowledged the full amount of KRW 47,157,000 as asserted by the plaintiff. However, it can be acknowledged that the defendants prepared a debt certificate that the defendants bear the remainder of KRW 37,273,50, except for the commission fees to be paid by the defendants.

The Defendants’ assertion is not accepted.

B. The set-off defense ground that the Plaintiff paid part of the advertising price paid by the Defendants to the Defendants as the commission fee. Accordingly, the Defendants are liable to pay the Plaintiff KRW 9,883,500 to the Plaintiff.

(A) The Plaintiff’s advertising price claim and the Defendants’ fees claim were extinguished on October 12, 2012, where the offset is set off upon the Defendants’ declaration of intent of set-off.

set-off.