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(영문) 대구고등법원 2019.07.19 2019나37
광고대행비
Text

1. Of the judgment of the court of first instance, KRW 276,751,760 against the Plaintiff as to the Defendant and its related amount, from July 3, 2015 to July 19, 2019.

Reasons

Basic Facts

The plaintiff is a person engaged in advertising agency business with the trade name of "H", and the defendant is a company engaged in real estate development business, etc.

C Housing Association (hereinafter referred to as "A"), the defendant (hereinafter referred to as "A2"), and the plaintiff (hereinafter referred to as "B") shall enter into a contract on the vicarious sales advertising of F apartment units D (To be built) with 200 households of 200 households of F apartment units at the Ye-si, Gyeonggi-si, for the following:

(A) Article 2 (Purpose of this Agreement) of the “A” and “A2” are to delegate “B” to “B” the “advertising promotional services” for the sale of apartment units by 200 household F apartment units D (To be constructed) of the E-F apartment unit at the time of racing, and “B” are to faithfully perform the advertising promotion services delegated by “A”.

Article 3 (Scope of Advertisement Business)

1. “B” shall carry out as an advertising agent of “A” a work related to the various advertising affairs of “A” in accordance with the direction of “A”.

2.The scope of the advertising business to be conducted by “B” shall be as follows:

Article 6 (Construction Price and Time)

1. - The advertising agency price (the initial advertising execution price and terrestrial advertising transmission fee) for the main business advertisement and the execution of media, and the total contract price of the event sales agency: 321,751,760 won;

3. - The specific items and quantities of the contract and the quantity of the contract shall be determined by subsequent consultation and, if there are additional proceedings (advertisement, event execution, advertising product production, etc.) other than the contract items and quantities, it shall proceed in accordance with separate consultation.

4. - After the commencement of the coordination of the execution budget, advertising enforcement amount shall be increased and decreased in consultation between “A” and “B” in accordance with the marketing strategy of the project site.

Article 10 (Termination and Cancellation of Contracts)

1.A “A” may terminate or rescind this Agreement in any of the following cases:

(e) Other cases where “B” has breached or breached its obligations under this Agreement, or where “B” has the capacity to perform its duties.

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