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(영문) 서울서부지방법원 2017.09.27 2016가합37389
제작대금 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. A. Around January 2016, the Defendant entrusted the Plaintiff with the production and supply of advertising materials (hereinafter “production and supply of the instant advertising materials”), and set the manufacturing cost plus the manufacturing fee for the costs that the Plaintiff is the Plaintiff, and agreed to settle the specific amount later.

On the other hand, the plaintiff's main officer on the production and supply of the advertisement of this case is A, and the defendant's main officer is B.

B. On February 1, 2016, A requested review to B on the draft written contract on the production and supply of the instant advertisement (the content thereof is as follows; hereinafter “the draft of this case”). The draft of this case was the contract that the Plaintiff used while entering into a contract on the production and supply of advertisements with another company.

Article 2 (Advertisements Matters) (1) of the First Draft of this case refers to all advertising productions, such as the defendant's products, brands, and enterprise PR, and media agency.

Article 5 (Planning and Production of Advertisements) (1) The plaintiff shall produce advertisements through prior consultation with the defendant and submit them to the defendant for approval by the defendant.

(2) The production costs of advertisements shall be the sum of the defendant's actual cost and planning fees, carp, design fees, and manufacturing finished.

C. On March 31, 2016, the personnel in charge of the Plaintiff, including A, explained that the cost of production of the instant advertisement would be approximately KRW 400 million to the Defendant’s personnel in charge of the production of the instant advertisement, such as B, etc. on March 31, 2016, and C notified the Defendant’s personnel in charge of the Defendant’s side, on April 7, 2016, that “I will proceed with the production cost as they were generated.”

On April 10, 2016, at Mapo-gu Seoul Metropolitan Government and Gangnam-gu, film photographs for the production of the instant advertisement was conducted on April 10, 201.

E. On May 10, 2016, Defendant B made the phrase “all” under Article 2(1) of the draft of this case to Plaintiff A.

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