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(영문) 서울중앙지방법원 2018.03.23 2017나39534
광고대금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is a company that runs the advertising agency business, etc., and the Defendant is a person who runs the health business under the trade name of Bwon (hereinafter “instant hospital”).

B. On September 2016, the Defendant introduced the Plaintiff via C, and agreed with the Plaintiff on the promotional agency business of the instant hospital, and received a written estimate on advertising fees from the Plaintiff. On September 7, 2016, the Defendant paid KRW 3,520,000, including value-added tax, to the Plaintiff on September 7, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 2-2, Eul evidence 2-3, the purport of the whole pleadings

2. Determination as to the cause of claim

A. On September 6, 2016, the Defendant concluded a public relations contract with the Plaintiff on the terms of contract from September 8, 2016 to March 7, 2017, with the term of contract from March 7, 2017 (FG marketing cost of KRW 2,200,000 and press promotion cost of KRW 600,00,000 and value added tax separately) and entered into a public relations contract with the Plaintiff on the terms of entrusting the public relations affairs of the instant hospital.

However, around October 26, 2016, the Defendant unilaterally requested the Plaintiff to terminate the public relations agency contract by asserting that the above advertising fee is not the cost set monthly but the total cost during the contract period.

Therefore, the Defendant is obligated to pay to the Plaintiff the sum of KRW 1,493,33 [2,80,000 per month advertising commission / 30 days / 16 days x 16 days] of the advertising commission up to the time when the contract is terminated due to the termination of the public relations agency contract / the amount of KRW 600,00 for the delivery of news report material - the amount of KRW 1,00,000 paid in advance by the Defendant to the Plaintiff - the amount of KRW 8,40,000 (3-month advertising commission : 2,80,000 x 3) for the penalty under Article 6(2) of the public relations agency contract and the amount of KRW 8,40,00 for the penalty under Article 6(2) of the public relations agency contract.

B. In light of the following circumstances, which are acknowledged as comprehensively considering the overall purport of the pleadings in the statement No. 3, the judgment of No. 1-1, No. 2, and No. 2-1, No. 2, and No. 3 through No. 3.

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