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(영문) 수원지방법원 2017.11.23 2016가합80683
광고대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 553,126,50 and the interest rate thereon from December 8, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On March 22, 2016, the Plaintiff entered into an advertising agency service contract (hereinafter “instant service contract”) with the Defendants with the content that Defendant B’s Regional Housing Association Promotion Committee (hereinafter “Defendant Promotion Committee”) is implemented in the Ministry of Land, Infrastructure and Transport’s wife population D pursuant to the Housing Act, and Defendant C participated in the “E business” (hereinafter “instant business”) as a business agent, on behalf of the Plaintiff, and the Defendants would pay advertising expenses in cash within 10 days from the date of receiving the Plaintiff’s claim for advertising expenses based on the Plaintiff’s standard rate table.

B. On July 20, 2016 under the premise that the advertising service under the instant service contract was performed, the Plaintiff requested the Defendants to pay the Defendants KRW 395,00,00 (excluding value-added tax; hereinafter the same shall apply) costs for the first advertisement (the period from the conclusion of the instant service contract to April 29, 2016; hereinafter referred to as “the first advertisement”); and ② the second advertisement (the period: from May 15, 2016 to May 19, 2016; hereinafter referred to as “the second advertisement”) costs of KRW 120,040,000 (excluding value-added tax; hereinafter the same shall apply); ③ the third advertisement (the period from June 16, 2016 to June 21, 2016 to KRW 30,000,500 (the total amount of value-added tax; hereinafter the same shall apply); and

C. On September 20, 2016, the Defendants: (a) paid the Plaintiff the service cost of KRW 395,000,000 for the instant first advertisement up to October 31 of the same year; and (b) drafted and issued a letter of commitment that the service cost for the instant advertisements 2 and 3 would be paid after reviewing additional documentary evidence related to the leaflets.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 to 4, and purport of the whole pleadings

2. The parties' assertion

A. The main point of the Plaintiff’s assertion is the Plaintiff’s 1, 2, and 3 in accordance with the instant service contract.

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