logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.01.26 2017가합542210
광고대금
Text

1. The Defendant’s KRW 515,867,00 for the Plaintiff and KRW 6% per annum from April 15, 2017 to August 17, 2017.

Reasons

1. Facts of recognition;

A. The plaintiff is a company engaging in advertising agency business, advertising printing business, etc., and the defendant is a company engaging in real estate development and enforcement business.

B. On August 31, 2016, the Plaintiff supplied the Defendant with 10,000 copies of the pre- public relations leaflets as shown in the attached Table by February 14, 2017, pursuant to the production and advertising agency contract of the advertisements on the housing redevelopment improvement project of KRW 330,0,00, Jung-gu, Daejeon, which entered into with the Defendant, the Plaintiff supplied the goods and services (including the aggregate of the supply prices, KRW 515,867,00,00, including the value added tax) as shown in the attached Table.

C. Meanwhile, Article 7 of the contract made between the original and the Defendant provides that “the Defendant shall pay the Plaintiff the price within 14 days after the completion of the supply of the production product. However, at the time of completing 20% of the initial recruitment of union members, the above payment conditions may be postponed until 20% of the union members recruitment is completed (in the case of the proviso above, the payment of the price shall not exceed two months after the maximum delivery, notwithstanding the proviso above).”

【Legal basis for recognition】 Each description of evidence Nos. 1, 3, and 4 (including paper numbers) and the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 5% per annum under the Commercial Act from April 15, 2017 to August 17, 2017, which is the day following the second month following the period for the maximum postponement of payment as stipulated in Article 7 of the above Agreement from February 14, 2017, which is the last delivery date of the above price of delivered goods, to the Plaintiff at the rate of 5% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

The Plaintiff filed a claim for damages for delay from March 18, 2017, which is the date following the second month from the premise that the last delivery date is January 17, 2017. However, as seen earlier, the last delivery date of the Plaintiff is February 14, 2017, and thus, this part of the Plaintiff’s claim.

arrow