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1. The Defendant’s KRW 73,960,00 for the Plaintiff and KRW 6% per annum from May 3, 2019 to May 10, 2019.
Reasons
1. Basic facts
A. On December 1, 2016, the Plaintiff entered into an advertising agency contract with the Defendant to provide advertising agency services (hereinafter “instant advertising agency contract”) with an advertising commission of KRW 283,60,000 (excluding value-added tax; hereinafter “instant advertising commission”) and the advertising agency contract with the Plaintiff setting the period from the date of the contract to the date of the completion of the sale, and completed the advertising agency business.
B. On February 14, 2018, the Plaintiff borrowed KRW 150,000,000 from the Defendant as the date of the settlement of the advertising costs of this case.
C. The Plaintiff supplied promotional products to D while implementing the above advertising agency contract, and received KRW 88 million from D.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 3, the purport of the whole pleadings
2. According to the facts of the above recognition and the purport of the argument as to the cause of the claim, barring special circumstances, the defendant is obligated to pay the plaintiff the advertising expenses of this case 31,960,00 won (=283,60,000 won x (100%) 88,000 won borrowed from the defendant as 150,000 won borrowed from the defendant, and the remaining advertising expenses 73,960,000 won (=31,960,000 won - 88,00,000,000 won - 150,000,000 won - 150,000,000 won) and damages for delay from the day following the day of May 3, 2019 to the day of service of the original copy of the payment order of this case by 16% per annum under the Commercial Act as argued by the plaintiff.
3. Judgment on the defendant's assertion
A. The defendant's assertion that only KRW 88,00,000,000, which was supplied with promotional items to D and received, shall be deducted from the advertising expenses of this case. However, the defendant asserts that the amount of KRW 99,440,00,00, which was first proposed to the plaintiff, should be deducted.
B. Determination Doesck;