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(영문) 서울북부지방법원 2016.02.17 2015가단14362
광고대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. As an advertising agent for the Plaintiff, the Plaintiff posted urology and urology advertising at the request of the Defendant until February 5, 2009. As such, the Defendant is obligated to pay the Plaintiff the advertising price of KRW 22,192,010.

B. The defendant is merely liable to pay the advertising price to the defendant, since he was employed by the defendant Cwon Director D and had the plaintiff publish the advertisement under his direction.

Even if the plaintiff's advertising price claim against the defendant exists, the five-year extinctive prescription has expired.

2. Determination

A. Whether the obligation to pay advertising fees has arisen or not, the Defendant had worked for C Council members (the change of the trade name to E Council members on December 31, 2009), and the Plaintiff posted C Council members’ advertisement from around 2008 to early 2009, and the Defendant has transferred money to the Plaintiff under his own name over several occasions from around 2006 to July 1, 2008 (the fact that the Defendant has not any dispute, but is recognized (the fact that the Plaintiff did not have any dispute, evidence Nos. 1, 4, 5, 1, 3, and the purport of the entire pleadings), and the evidence submitted by the Plaintiff, such as the above circumstance and evidence No. 3, are insufficient to recognize that the Defendant independently concluded an advertising agency contract with the Plaintiff, and that the Plaintiff published the advertisement amounting to KRW 22,192,010, and there is no other evidence to acknowledge this otherwise.

B. 1) Even if the Defendant independently concluded an advertising agency contract with the Plaintiff, and thus, even if the Defendant is liable to pay advertising proceeds, the extinctive prescription takes place from February 5, 2009 where the above claim was established, barring any special circumstances, barring any special circumstance, since the instant lawsuit was filed on April 14, 2015 where five years have passed thereafter, the Plaintiff’s claim for advertising proceeds was extinguished due to the expiration of the extinctive prescription period. 2) As to this, the Plaintiff urged the Defendant to pay advertising proceeds by 2010, and thereafter.

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