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(영문) 서울중앙지방법원 2013.10.11 2012가단182647
광고대금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 25,396,821 to the Defendant (Counterclaim Plaintiff) and its related amount from November 24, 2012 to October 11, 2013.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to the statement in Gap evidence No. 1, the plaintiff, a company aimed at the indoor advertising business, etc., entered into a contract with the defendant to entrust the business of receiving advertising orders and receiving advertising fees (hereinafter "the instant consignment contract") among the bus external advertising business from August 2005 to October 2010. According to the contract, if the defendant orders the advertising contract from the advertiser, he/she may recognize the fact that the plaintiff added it to the contract and receives advertising fees from the defendant (the advertising fees not paid as advertising fees are paid by the defendant), but the amount equivalent to about 7% of the advertising fees are paid by the defendant as the fee to the defendant.

2. Determination on the main claim

A. According to the purport of Gap evidence No. 5 of the judgment as to the cause of the claim and the entire pleadings, according to the instant consignment contract, the Plaintiff ordered the Defendant to place the advertisement of the Korean Pharmacopoeia Co., Ltd. (hereinafter “instant advertisement”) from the Defendant for KRW 67,056,00,000 in advertising fees pursuant to the instant consignment contract, and the same year from July 22, 2009

9. The defendant, barring any special circumstance, is obligated to pay to the plaintiff the remainder advertising fees of 34,320,00 won [=67,056,00 won - defendant's advertising fees of 32,736,00 won (=10,000 won on October 30, 2009) and damages for delay on November 10, 2009. (2) The defendant's assertion that the plaintiff had not been paid the above advertising fees of 34,320,00 won (=67,056,000 won) and damages for delay. (3) The defendant's assertion that the defendant paid all the advertising fees of this case to the plaintiff through a preparatory document dated 7, 2012.

An advertisement in the attached Form “(1)” is a case where a tax invoice is issued even if there is no actual stock price, and an advertisement in the attached Form(2) is a case where a tax invoice is actually issued, but a tax invoice is not issued, or the advertisement fee (the advertisement fee in this case) is not issued.

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