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(영문) 서울중앙지방법원 2019.07.25 2019가단5001025
약정금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 10,824,00 to the Plaintiff (Counterclaim Defendant) for KRW 10,824,00 and for this, from August 8, 2018 to July 25, 2019.

Reasons

1. Basic facts

A. On September 2015, the Plaintiff entered into an advertising contract with the Defendant on the rooftop of the building of the Gangnam-gu Seoul Metropolitan Government D Hospital (hereinafter “instant hospital”) located in the Seoul Metropolitan Government (hereinafter “instant hospital”) with the content that the Defendant would install hospital advertising materials (from October 1, 2015 to September 30, 2017) and concluded a re-contract with the following content around September 2017, which was around the end of the said contract period.

Article 3 of the advertising fees and methods for payment under the contract under Article 2 of the contract of the Gangnam-gu Seoul Metropolitan Government (F15.6m of Seoul Metropolitan Government on the rooftop advertisements of building) x 6.8m x 12.0m x 6.8m (f.8m inside lighting) x 6.8m (f. inside lighting) 24 months, 6,000,000 won 1 The advertising fees under this contract shall be monthly land (6,00,000 won, additional tax).

(2) "A (Defendant; hereinafter the same shall apply)" shall file a request for a tax invoice with "A (Plaintiff; hereinafter the same shall apply) by the 10th day of each month along with a management report, and "A" shall, upon the request of "B", pay the monthly advertising fees requested by the end of the following month in cash.

(3) "B" shall set off a tax invoice with the amount calculated by deducting the amount of KRW 2,460,000 per month from the advertising fees from January 2018 to December 2018, which are the amount obtained by deducting the amount of KRW 2,460,000 ( KRW 2,460,000, and the amount of value-added tax) of KRW 3,540,000 ( KRW 3,540,000, and the amount of value-added tax) paid in the course of a contract with "A" in 2013 and 2015.

Article 4 Terms and conditions of the contract (1) The term of this contract shall be October 1, 2017 to September 30, 2019.

Article 7 (1) "B" shall be responsible for the legal and factual continuation of an advertisement.

(2) The term "B" shall have all responsibility for the management of the production, installation, maintenance and repair of advertisements.

(3) “B” shall submit to “A” a report on the management of advertising materials in the form set forth in “A” once a month.

(6) "B" shall be governed by administrative agencies and third parties due to the subject matters of this advertisement.

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